SIMMONS v. PATRICK

Docket No. 26545.

211 Cal.App.2d 383 (1962)

27 Cal. Rptr. 347

E.E. SIMMONS, Plaintiff and Appellant, v. CHARLIE R. PATRICK, Defendant and Respondent.

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

December 27, 1962.


Attorney(s) appearing for the Case

E.E. Simmons, in pro. per., for Plaintiff and Appellant

Wood & Wiggins and Charles E. Wiggins for Defendant and Respondent.


LILLIE, J.

By his complaint, plaintiff originally sought foreclosure of a mortgage on designated real property as well as a deficiency judgment, following sale, for any indebtedness on the promissory note secured by the encumbrance. The note having provided therefor, the court was also asked to award reasonable attorney's fees. The answer interposed the affirmative defense of usury; various offsets, by way of counterclaims, were also asserted. Prior to trial, the...

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