Hogan

This appeal is taken from a judgment in favor of the defendants in the court below in an action brought therein by appellant upon an alleged contract in writing said to have been made expressly for his benefit by respondent Neighbor’s Lumber Yard, Inc., with defendant J. E. Neighbor and one Sherman Kemp, Sr. The complaint alleged:

The trial court found that none of these allegations was true. If these findings are supported by the evidence the appeal is without merit.

Since it is undisputed that the defendant J. E. Neighbor, who at the time was secretary of Neighbor’s Lumber Yard, Inc., actually signed the corporate name to the instrument sued upon, the question as to whether or not the court’s findings are supported by the evidence becomes in a measure a question of law as well as of fact.

The situation of the parties prior to the date of the alleged agreement (April 26, 1926) was substantially this: Defendant J. E. Neighbor and Sherman Kemp, Sr., were the owners of certain pieces of improved real property situate in Alameda County upon which there were existing first and second deeds of trust. The second deeds of trust had been assigned to the appellant Hugh Hogan, but the…