SURETY SAV. & LOAN ASSN. v. NATIONAL AUTO. & CAS.

Docket No. 9795.

8 Cal.App.3d 752 (1970)

87 Cal. Rptr. 572

SURETY SAVINGS AND LOAN ASSOCIATION, Plaintiff and Respondent, v. NATIONAL AUTOMOBILE AND CASUALTY INSURANCE CO., Defendant and Appellant.

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

June 12, 1970.


Attorney(s) appearing for the Case

COUNSEL

Anderson, McPharlin & Conners, Robert C. Haase, Jr., and Gerald W. Murphy for Defendant and Appellant.

McKenna & Fitting, Les J. Weinstein and Michael D. Berk for Plaintiff and Respondent.


OPINION

COUGHLIN, Acting P.J.

Defendant appeals from a judgment awarding plaintiff damages on an undertaking executed by defendant as a condition to issuance of a preliminary injunction restraining a foreclosure sale instituted by plaintiff.

Plaintiff made a construction loan to Signal Development Company evidenced by a promissory note secured by a deed of trust on the real property on which apartment houses were to be built...

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