Oberding

The matters raised in the complaint and answer thereto were settled by stipulation of the parties, and the case proceeded to trial on the issues developed by the cross-complaint and answer, to determine what sums of money, if any, were owing cross-complainant and whether a .deed of trust was security for any amount due. From a judgment favoring the cross-complainant, this appeal was taken on two grounds, that the trial court erred in applying the parol evidence rule, and the evidence does not support the judgment.

Pursuant to written agreements dated May 15, 1957, and July 30, 1957, appellants Max Kozak and Frank LeRoy Oberding carried on a used car business financed by respondent Travel Plan, Inc. On May 15, 1957, Oberding gave re *798 spondent as beneficiary a deed of trust to secure payment of a promissory note from himself and Max Kozak to respondent. The property described in the deed of trust was actually the community property of Max and Betty Kozak although it was in Oberding’s name.

The agreements of May 15 and July 30 were cancelled in August 1957. No demand was made for a reconveyance of the deed of trust, although the note was cancelled. Thereafter Max Kozak…