White

The plaintiff appeals from that portion of the judgment which, on the counterclaim, awards the defendant the sum of $5,619.56. On the complaint itself, irrespective of the counterclaim, the judgment is in favor of the plaintiff on a guaranty executed by Mr. White in connection with turkey raising by his son and daughter-in-law in the sum of $4,536.36, together with interest. No appeal was taken by either party from the judgment insofar as it relates to the complaint.

The defendant, Willis P. White, is a farmer who raised turkeys on three ranches located at Tipton, Porterville, and Springville. Since the early part of the 1950’s, he has had a business relationship with the plaintiff. The agreements were annual during the early part of this period and until the three-year agreement involved in the present litigation was entered into in 1960; this writing embraced two contracts, one of which related to turkey raising and the other provided for the loan of money by plaintiff to defendant for the purpose of building structures to house additional birds. These two contracts were separately signed but physically constituted one set of papers; the loan contract was secured by a trust…