Finley

Finley v. Wyatt

Good Law
113 Cal. App. 233·1931 Cal. App. LEXIS 939·298 P. 80
Court of Appeal of CaliforniaApril 6, 1931Docket No. 4269.California1,427 words

Opinion

Lead Opinion

This is an appeal by the defendant from a judgment of foreclosure in favor of the plaintiff entered in the above-entitled action.

The record shows that on the twelfth day of August, 1921, the plaintiff loaned to the defendant the sum of $2,000. The loan was evidenced by a note of the same date, made payable in three years. To secure the repayment of the money borrowed, a mortgage was executed by the defendant, and delivered to the plaintiff, bearing the same date. Interest was made payable at the rate of eight per cent per annum, payable quarterly. At the time of the execution of the note and mortgage and the loan of the money, as just stated, the defendant agreed to, and subsequently did pay to the plaintiff the sum of $100 as a bonus for the loan. The bonus was paid by the defendant to the plaintiff in installments of $25, payments being made on the following dates: November 12, 1921, $25; February 12, 1922, $25; May 12, 1922, $25; August 11, 1922, $25; making the full sum of $100. Thereafter, and during the year 1924, the note and mortgage were extended for an additional three-year period. For and in consideration of the extension, the defendant agreed to and did thereafter…

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