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KISSELL CO. v. GRESSLEY

No. 76-3039.

591 F.2d 47 (1979)

The KISSELL COMPANY, Defendant-Appellant, v. Forrest GRESSLEY and Emily Gressley, husband and wife, and Mountain View Garden Apartments, Plaintiffs-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 2, 1979.

Attorney(s) appearing for the Case

Burton M. Apker (argued), Neville, Laliss & Tanner, Evans, Kitchel & Jenckes, Phoenix, Ariz., for defendant-appellant.

John P. Otto (argued), Philip Gerard (argued), Phoenix, Ariz., for plaintiffs-appellees.

Before ELY and CARTER, Circuit Judges, and GORDON THOMPSON, Jr., District Judge.

JAMES M. CARTER, Circuit Judge:

In this diversity case, Kissell, a mortgage banking company, appeals from judgment rendered against it for having wrongfully retained a mortgage on a piece of property after a description of that property was erroneously inserted into a mortgage to which Kissell was entitled as security for certain loans. The Gressleys and Mountain View Garden Apartments (hereinafter referred to collectively as Gressley) recovered $119,785.93 in actual...

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