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CHERRY v. HOME SAV. & LOAN ASSN.

Docket No. 33439.

276 Cal.App.2d 574 (1969)

81 Cal. Rptr. 135

TOM CHERRY et al., Plaintiffs and Appellants, v. HOME SAVINGS & LOAN ASSOCIATION, Defendant and Respondent.

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

September 30, 1969.

Attorney(s) appearing for the Case

Morgan, Wenzel, Lynberg, Stearns & Morris and Lawrence D. Malcolm for Plaintiffs and Appellants.

Engman, Holaday, Cooper, Cappai & Wiggins, Robert F. Wiggins and Donald E. Cooper for Defendant and Respondent.

DUNN, J.

The trial court sustained, without leave to amend, respondent's general demurrer to appellants' first amended complaint. This appeal is taken from the ensuing order of dismissal entered pursuant to the provisions of Code of Civil Procedure, section 581, subdivision 3.

The following facts are taken from appellants' first amended complaint:1 In 1964 appellants Orrin and Rosellen Wickershim, husband and wife, executed a promissory...

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