GARDNER v. RUBIN

Docket No. 22153.

149 Cal.App.2d 368 (1957)

308 P.2d 892

HORACE GARDNER et al., Respondents, v. CHARLES DELL RUBIN, Appellant.

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

March 22, 1957.


Attorney(s) appearing for the Case

Arnerich, Del Valle & Sinatra for Appellant.

Levy, Bernard & Jaffee and Samuel R. Tannenbaum for Respondents.


FOX, J.

Plaintiff brought this action to cancel a note and trust deed on the ground that there was fraud in the execution of these instruments. Judgment was rendered in favor of plaintiffs. Defendant Rubin, to whom these instruments had been transferred, appeals.

In seeking a reversal, appellant contends: (1) "The findings of the trial court that the plaintiff, Horace Gardner, was semi-illiterate; that he was not aware of the fact that he had signed a note...

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