BARGIONI v. HILL

Docket No. S.F. 21225.

59 Cal.2d 121 (1963)

378 P.2d 593

28 Cal. Rptr. 321

FREDERICK BARGIONI, Plaintiff and Respondent, v. FANNY HILL, Defendant and Appellant.

Supreme Court of California. In Bank.

February 14, 1963.


Attorney(s) appearing for the Case

Theodore M. Monell for Defendant and Appellant.

William Berger for Plaintiff and Respondent.


TRAYNOR, J.

Defendant purchased a motel and executed a $5,000 note to plaintiff, who had acted as broker in the transaction. The note was secured by a junior trust deed on the motel. Defendant defaulted on the note and plaintiff sued for the balance due, the security having been lost through a private sale under a senior trust deed. The trial court entered judgment for the amount due. Defendant appeals.

Defendant contends that plaintiff's recovery is barred...

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