Ellet v. Los Altos Country Club Properties Inc.

PARKER, J., pro tem.

This is an action to recover upon a promissory note. The case was tried by the court, sitting with a jury, and after a verdict in favor of plaintiff judgment was entered accordingly. Defendant’s motion for a new trial was denied. From the judgment so entered this appeal is taken.

Issue was joined on the complaint of plaintiff and the answer and cross-complaint of defendant. It is conceded that the allegations of the cross-complaint are not material on this appeal, and, therefore, we omit further reference thereto and consider the case on the issues joined by the complaint…