NIXON v. HEERS

No. 22355.

413 F.2d 544 (1969)

Ezra J. NIXON and Larue O. Nixon, Appellants, v. H. W. HEERS and H. W. Heers, Inc., a Corporation, Appellees.

United States Court of Appeals Ninth Circuit.

June 20, 1969.


Attorney(s) appearing for the Case

Arthur H. Nielsen (appeared), of Nielsen, Conder, Hansen & Henroid, Salt Lake City, Utah, Francis Ray Brown, Alhambra, Cal., for appellants.

Brown, Chapman & McBay, Riverside, Cal., for appellees.

Before ELY, CARTER and HUFSTEDLER, Circuit Judges.


PER CURIAM:

This diversity action was based upon a promissory note, executed in Utah, providing that all payments of principal and interest were to be paid either in cash or at the election of the promisors, appellees herein, in notes secured by deeds of trust.

Following appellees' default on the note, appellants, plaintiffs below, recovered judgment against the appellees. The judgment read:

"That plaintiffs have judgment against the defendants in...

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