Maltzman

United California Bank v. Maltzman

Good Law
118 Cal. Rptr. 299·1974 Cal. App. LEXIS 741·44 Cal. App. 3d 41
Court of Appeal of CaliforniaDecember 23, 1974Civ. 43648California4,172 words

Opinion

Opinion

Loring, J.

United California Bank (UCB), plaintiff and cross-defendant commenced this action to recover money alleged to be due under a contract, entered into as part of a loan transaction, entitled “Sponsors’ Loan Purchase Agreement.” The terms of this agreement required Elliott Maltzman, W. E. Robertson, Harold Pollack, Harriette Maltzman, Pearl Robertson and Joyce Pollack (sponsors) to purchase a certain promissory note upon the occurrence of certain conditions precedent.

Saymur Investment Corp., H. D. P. Corp. and E. B. M. Corp., doing business as Santa Clarita Village, a joint venture (joint venture) and sponsors cross-complained alleging that UCB failed to disburse funds promised to be loaned to the joint venture under a “Construction Loan Agreement.” After nonjury trial sponsors were found to be liable in the sum of $686,757.83, including principal, interest, and attorneys fees, together with costs of $447.90. The court also found that joint venture and sponsors were not entitled to recover anything from UCB under their cross-complaint. Sponsors and joint venture appeal from the entire judgment.

Contentions

Joint venture, as cross-complainant, and sponsors, as…

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