Berg

We are called upon to review a fragment of extensive and complex litigation which engaged the attention of the court below for a period of 44 trial days. It is not necessary to survey the panorama of the controversy. In this appeal on a clerk’s transcript, appellant claims that the court erred by failing to award judgment in its favor on its cross-complaint for appellant’s fractional interest in the unpaid balance claimed to be due on a certain promissory note. We confine our discussion to the facts bearing on this issue.

We start with certain facts disclosed by the trial court’s findings: On September 22, 1955, the respondents, Raymond and Leah Berg, who are husband and wife, borrowed $11,000 from the appellant, Investors Real Estate Loan Co., delivering to appellant their promissory note which, as we shall point out, is the subject of the dispute before us. On the above date Mr. and Mrs. Berg were the owners and holders of a purchase money promissory note dated March 25,1955, executed in their favor by one Hendricks, and secured by a third deed of trust covering certain real property located on California Street in San Francisco. Respondents by endorsement and delivery…