Smith v. Weindrop

Opinion by

Judge REED.

Defendant, Lillian C. Weindrop, appeals from a judgment entered in favor of plaintiffs, Edward G. Smith and James Pitschke, in their suit to collect a deficiency upon a default under the terms of two promissory notes and a deed of trust. We affirm in part, reverse in part, and remand with directions.

I

Defendant’s first contention is that the trial court erred in denying her motion for judgment of dismissal after the close of all the evidence. The motion was based on the assertion that plaintiffs had failed to establish the amount of the unpaid balance due on the promissory…