Berg v. Investors Real Estate Loan Co.

We are called upon to review a fragment of extensive and complex litigation which engaged the attention of the court below for a period of 44 trial days. It is not necessary to survey the panorama of the controversy. In this appeal on a clerk’s transcript, appellant claims that the court erred by failing to award judgment in its favor on its cross-complaint for appellant’s fractional interest in the unpaid balance claimed to be due on a certain promissory note. We confine our discussion to the facts bearing on this issue.

We start with certain facts disclosed by the trial court’s findings: On…