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E.K. WOOD LUMBER CO. v. ROBERTS

Docket No. 15766.

124 Cal.App.2d 269 (1954)

268 P.2d 190

E.K. WOOD LUMBER COMPANY et al., Plaintiffs, v. JOHN STEWART ROBERTS, Appellant; BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION et al., Respondents.

Court of Appeals of California, First District, Division Two.

March 30, 1954.

Attorney(s) appearing for the Case

Frederick L. Hilger for Appellant.

Samuel B. Stewart, Jr., Christopher M. Jenks and H.H. Bechtel for Respondents.

GIBSON (Lilburn), J. pro tem.*

On January 6, 1949, cross-complainant Roberts was the owner of real property in Oakland upon which he was erecting a building. To assist him in financing construction thereof, he had theretofore borrowed in excess of $30,000 from cross-defendant Bank of America National Trust and Savings Association, and evidenced the same by a promissory note and secured it by a deed of trust on the property. He found he...

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