Christopherson v. Allen

Defendant and cross-complainant Allen appeals from a judgment in favor of plaintiff and cross-defendant Christopherson in the sum of $5,700 principal, plus interest and attorney’s fees.

Question Presented

Is the judgment a deficiency judgment prohibited by section 580b, Code of Civil Procedure?

Record

Plaintiff owned 12 lots, defendant, a boat. They entered into an “Agreement of Exchange” in which plaintiff agreed to exchange his 12 lots at an agreed value of $17,050 and give defendant $4,500 cash, for defendant’s boat, agreed value $12,000, 12 promissory notes of $321 each, totaling $3,852, 10…