McClung v. Saito

Opinion

FILES, P. J.

This action was brought to recover the balance due on a $40,000 loan made in connection with a residential tract construction project. The loan was evidenced by a second trust deed note executed by James W. Sullivan, Inc., a corporation, which defaulted. Nine individuals were joined as defendants upon the theory they were members of a joint venture which actually borrowed the money. One of the individuals, James W. Sullivan, was not served and did not appear. After a court trial, a jury having been waived, judgment was entered in favor of plaintiff against all eight…