Johnston, Baker & Palmer v. Record MacHine & Tool Co.

This is an appeal by defendant Carl Francis Baker from a judgment, “in particular” from the portion thereof which provides that his “cross-complaints and/or counterclaims . . . are dismissed with prejudice.” In addition, in his notice of appeal it is stated that he appeals from the minute order of the court denying his motion by which he sought to set aside the judgment. The position of the respondents is that the judgment was proper in that it con formed to a stipulation stated in open court in which the appellant joined.

The action was brought by Claude F. Baker and Oran W. Palmer as the surviving partners of the law firm of Johnston, Baker and Palmer. In their complaint were the following allegations: 1. On September 13, 1951, the defendants Record Machine and Tool Company, Carl Francis Baker and Oretta Mae Baker executed their promissory note in favor of the partnership in the sum of $5,000, which was payable upon demand. 2. To secure the payment of the note, “together with the payment of any additional sums due from defendants to plaintiffs, ’ ’ Record Machine and Tool Company executed a deed of trust upon certain real property. 3. The note evidenced an advance on attorneys…