Frei v. Hamilton

OPINION

HATHAWAY, Judge.

Appellees Frei brought this action against the Bloomfields and Hamilton on an accelerated promissory note. The Bloom-fields and Hamilton answered and asserted cross-claims against each other. The matter was tried to the court sitting without a jury, which entered judgment for the Freis against the Bloomfields and Hamilton. The Bloomfields prevailed against Hamilton on the cross-claims. Hamilton’s motion for a new trial was denied and this appeal ensued.

Appellant Hamilton questions on appeal whether (1) appellees’ right to accelerate was waived; (2) the notice of…