Pitts v. Highland Construction Co.

espondents sued to enjoin an impending trustee’s sale under a deed of trust securing a promissory note for $4,304.21 given by respondents to appellants and with the ultimate purpose of effecting the cancellation of both instruments. A temporary injunction issued and after a trial judgment was entered decreeing that the note be de livered up for cancellation and the deed of trust released of record. A new trial was denied and this appeal was taken.

Plaintiff, a World War veteran, owned a parcel of land in Contra Costa County on which he desired to build a four-room home by availing himself of a…