Wood

The action was brought by plaintiffs to obtain relief under the Usury Act. The real controversy is between plaintiffs and the Angeles Mesa Land Company. The bank is a party for the reason that in a certain trust deed executed by plaintiffs’ the bank was a trustee. Therefore, when we refer to defendant or appellant we mean the Angeles Mesa Land Company, which by abbreviation we will call the Land Company.

In the court below appellant contended, from the outset on through every step of the trial, that the complaint of plaintiffs stated no -cause of action. The same contention is urged here and with equal insistence. We will first consider this phase of the appeal. Merely to indicate the record, the complaint under review is the second amended complaint. All reference to the complaint, unless indicated to the contrary, will be taken to mean this second amended complaint.

The complaint alleges that on or about April 28, 1924, plaintiffs and defendant Land Company made and entered into an agreement in writing under the terms of which the Land Company advanced money to plaintiffs on account of the purchase of certain described real estate. The contract is pleaded both by statement of…