Helmick

This is an action to recover the sum of $3,320.44 and interest, according to terms of a certain promissory note. Judgment was entered in favor of the defendants and the plaintiff appeals.

Appellant contends that certain findings of fact are not sustained by the evidence and the judgment should therefore be reversed.

The evidence discloses that on December 5, 1924, the defendant Anna M. Almony was the owner of a lease of an apartment house in the city of Los Angeles, known as the Auburn Apartments and that she owned all of the furniture used in connection therewith; that on said day she sold to her co-defendants, Orville Holaday and Nellie Holaday, the lease and' the furniture above mentioned for the sum of $9,250; the Holadays paid $4,250 of said sum by executing and delivering to said Anna M. Almony a promissory note payable in monthly installments of $100 or more, commencing on January 15, 1925, and continuing until the balance was paid. The Holadays also executed a chattel mortgage on said property, including the lease, to secure the payment of the note. The mortgage provides that upon failure to pay any installment of the note according to its terms “then .the said mortgagee…