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FRANGIPANI v. BOECKER

No. E020067.

75 Cal.Rptr.2d 407 (1998)

64 Cal.App.4th 1998

Chester J. FRANGIPANI et al., Plaintiffs and Respondents, v. Theodore J. BOECKER, Defendant and Appellant.

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

Rehearing Denied July 8, 1998.

Attorney(s) appearing for the Case

Reid & Hellyer, Dan G. McKinney, Riverside, and Daniel E. Katz, New York City, for Defendant and Appellant.

Cantor & Weinshenk and Jon D. Cantor, Encino, for Plaintiffs and Respondents.

OPINION

GAUT, Associate Justice.

1. Basis for Appeal

The buyer of real property purchased the property subject to an existing purchase money deed of trust. When the purchaser defaulted on the deed of trust payments, the sellers gave the original beneficiary a $10,000 promissory note to cancel the foreclosure in order to protect their own credit. The trial court granted the sellers a judgment against the defaulting purchaser for the amount...

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