SIMMONS v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSN

Docket No. 5640.

159 Cal.App.2d 566 (1958)

323 P.2d 1043

BEN W. SIMMONS et al., Appellants, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association), Respondent.

Court of Appeals of California, Fourth District.

April 18, 1958.


Attorney(s) appearing for the Case

Vizzard, Baker & Sullivan and Jere N. Sullivan for Appellants.

Samuel B. Stewart, George Chadwick, Jr., and Eldon C. Parr for Respondent.


GRIFFIN, J.

It is alleged in plaintiffs' amended complaint that on April 14, 1953, defendant bank, as escrow agent, plaintiffs, as mortgagees and vendors, and Lloyd A. Underwood and wife, as mortgagors and vendees, entered into a sale and chattel mortgage transaction denominated "Bulk Sale Escrow Instructions" (A copy of the written instructions are attached to and made a part of the amended complaint); that the chattel mortgage referred to was duly executed and plaintiffs...

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