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COAST BANK v. HOLMES

Docket No. 10509.

19 Cal.App.3d 581 (1971)

97 Cal. Rptr. 30

COAST BANK, Plaintiff, Cross-defendant and Appellant, v. ROBERT E. HOLMES, Defendant, Cross-complainant and Respondent.

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

August 24, 1971.

Attorney(s) appearing for the Case

COUNSEL

Leonard B. Hankins for Plaintiff, Cross-defendant and Appellant.

Wenke, Kemble & Burge and Gary L. Taylor for Defendant, Cross-complainant and Respondent.

OPINION

TAMURA, J.

Plaintiff (Bank) brought the present action on a promissory note to recover the principal ($51,053), accrued interest, and attorney fees. Defendant (Holmes) admitted execution of the note but pleaded failure of consideration, nonoccurrence of conditions precedent, constructive fraud and illegality. He also cross-complained for reformation. Except as to illegality, the court found in favor of defendant on all affirmative...

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