Kogan

Appeal by defendants from a judgment entered in an action upon a promissory note and cross-appeal by plaintiffs from a portion of such judgment.

The evidence below discloses the following: The plaintiffs, commencing in about the year 1952, purchased, through the defendant Robert Bergman, numerous promissory notes secured by deeds of trust. Robert Bergman acted in the capacity of a broker in these transactions, and his company took care of all of the details relating thereto such as preparing all documents, recording of documents and providing for the proper disbursement of funds and the payment of expenses. In January of 1956 plaintiffs for the first time made a loan directly to the defendants for which they received a promissory note secured by a trust deed upon the home of the defendants. This loan was subsequently paid off in full and is not the subject of this litigation.

Shortly before August 9, 1956, the defendant Robert Bergman (hereinafter referred to as Bergman) approached the plaintiffs on the subject of another personal loan. Sidney Kogan (hereinafter referred to as Kogan) testified in relation to this transaction that on or about August 6, 1956, Bergman called him by…