Wolfert

The question involved upon this appeal as stated on the first page of appellant’s opening brief pursuant to subdivision 2 of Rule VIII of the Rules for the Supreme Court and District Courts of Appeal uses the letters A, B and C to designate the names of certain individuals involved in the transaction. Substituting for these letters the names of those persons as they appear from the record that statement will then read: “Appellants purchased realty from respondent giving their note payable in instalments, secured by second deed of trust as part of consideration. Thereafter they conveyed to Smythe. Thereafter, and without the consent of appellants Smythe conveyed to Poliak and Poliak to Crothers. Transferees assumed payment of appellants’ note and were accepted as payors by respondent. Respondent demanded of Crothers insurance different from that provided in deed of trust. Crothers defaulted in his payments and respondent gave notice of intention to sell under trust deed. Prior to sale respondent notified tenants to pay rent to him and to nobody else while trust deed provided for payment to trustee in such case.

“Thereafter the property was sold under trust deed. Respondent bought…