Margolin

Action upon a promissory note for $25,000 brought by the payee, Travelworld, Inc., against the maker, Nate Margolin who appeals from an adverse judgment.

The answer to the complaint asserted want of consideration, conditional delivery and an agreement that the note would be paid solely out of funds realized from operation of the S.S. Mazatlan by Margo-Pacific Lines, Inc. The trial judge held that pretrial stipulations had ruled out the defenses of want of consideration and conditional delivery and that the claim as to payment of the note solely from earnings of Margo-Pacific Lines, Inc., was an attempt to vary by parol the terms of the note, precluded by such eases as Bank of America v. Pendergrass, 4 Cal.2d 258 [ 48 P.2d 659 ], and Oakland Medical Bldg. Corp. v. Aureguy, 41 Cal.2d 521 [ 261 P.2d *745 249 ]. Appellant makes no claim of error in these rulings but asserts prejudicial error in the exclusion of evidence offered in support of his cross-complaint.

That cross-complaint was directed at plaintiff Travelworld, Inc. and Kent Harris who was sole owner and chief executive officer of said corporation. It sounds in fraud, alleged to have been committed by Harris upon defendant…