GHIRARDO v. ANTONIOLI

Docket No. S032435.

14 Cal.4th 39 (1996)

EDWARD T. GHIRARDO et al., Plaintiffs, Cross-defendants, and Respondents, v. RONALD F. ANTONIOLI et al., Defendants, Cross-complainants, and Appellants.

Supreme Court of California.

October 31, 1996.


Attorney(s) appearing for the Case

COUNSEL

Richard A. Hirsch, Tanke & Willemsen and Tony J. Tanke for Defendants, Cross-complainants and Appellants.

David G. Kenyon, in pro. per., Bowles & Verna, Richard T. Bowles, K.P. Dean Harper and Thomas G.F. Del Beccaro for Plaintiffs, Cross-defendants and Respondents.


OPINION

MOSK, J.

In this matter, the purchasers of real property subject to a purchase money deed of trust requested the seller to make a payoff demand for the amount required to fully satisfy all obligations on the underlying promissory note. The seller made a demand purporting to state the full amount owed; the purchasers paid the sum, and the deed of trust was reconveyed. The seller subsequently concluded that, through a mistake...

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