SCHREIBER v. SAN JOAQUIN EXPLORATION CO.

Docket No. 4901.

125 Cal.App.2d 171 (1954)

270 P.2d 19

SAMUEL L. SCHREIBER et al., Plaintiffs and Appellants, v. SAN JOAQUIN EXPLORATION COMPANY (a Corporation), Defendant and Appellant.

Court of Appeals of California, Fourth District.

May 13, 1954.


Attorney(s) appearing for the Case

Dorris, Fleharty & Phillips, Dorris, Fleharty, Phillips & Underhill, and Conron, Heard & James for Plaintiffs and Appellants.

Siemon & Siemon for Defendant and Appellant.


MUSSELL, J.

This is an action to foreclose a chattel mortgage and an assignment of an oil and gas lease given as security for the payment of a promissory note in the sum of $24,000 payable to the plaintiffs and executed by the defendant corporation. The execution and nonpayment of the note was admitted by defendant and special defenses of failure of consideration and usury were alleged. Defendant also filed a cross-complaint in which it sought a cancellation of the...

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