Kincaid v. Gomez

The question in this case is whether defendants, respondents, who are sued on a promissory note, are entitled to the protection of section 580b of the Code of Civil Procedure, the antideficiency judgment statute which applies to purchase money security conveyances.

A written agreement for the sale by plaintiff Kincaid of a parcel of land in Sacramento County was made with “Ralph Gomez and/or.Nominee hereinafter referred to as purchaser. ’ ’ The purchase price was $75,000, of which $20,000 was paid in cash, and the purchasers assumed a first deed of trust for about $30,000, which was later…