Margosian

The plaintiffs commenced an action to obtain a judgment fixing the amount of his damages for alleged usury and enjoining a sale of real estate under the powers expressed in a deed of trust. The trial court made findings in favor of the defendant, the Hammond Lumber Company, and from the judgment entered thereon the plaintiffs have appealed.

The plaintiffs state some of the evidence and claim that the findings are not supported by the evidence. The error in their contention rests in the fact that they do not state all the evidence. Prior to August 3, 1925, Mr. and Mrs. Margosian were the owners of the land described in the trust deed. They were about to employ John C. Roubian, as contractor, to build a building on their property. Mr. Margosian and Mr. Roubian called on the Hammond Lumber Company and talked the matter over with Mr. Nordin, the credit manager, of that company. They proposed that the Hammond Lumber Company should supply to them not only the lumber, etc., in which that company was a considerable dealer, but other building materials for the building. That brought up the question of credits. To protect the Hammond Lumber Company it was proposed that the plaintiffs would…