Corum
R.G. Hamilton Corp., Ltd. v. Corum
Opinion
Lead Opinion
Thompson, J.
This action for declaratory relief was instituted by San Jose Pacific Building and Loan Association, herein called the association, beneficiary under a deed of trust of real estate in Alameda County, and the R. G. Hamilton Corporation, Ltd., substituted as trustee in place of the original trastees, by general appointment of the plaintiff association. The deed of trust was given in 1927 to secure a building loan in the principal sum of $170,000, bearing interest at the rate of 7.2 per cent per annum, evidenced by a promissory note payable in 120 monthly installments of $1990.70 each. The proceeds of the loan were used to erect a hotel on Piedmont Avenue in Oakland. Appellant has never made a full payment under the terms of the loan, but has made irregular payments on account. She also failed to pay taxes and premiums on insurance policies and the association was compelled to pay them. The last payment made by appellant was made on May 16, 1930, and covered the interest on principal, taxes and premiums up to August 27, 1929. The appellant being generally in default, the entire indebtedness was declared due under the acceleration clauses in the note and deed of trust, and on November…