Burke v. Gottfried

KRUCKER, Judge.

This opinion involves two appeals, consolidated here because they concern the same parties and arise out of the same transaction. The first, 1 CA-CIV 311, is an appeal taken by defendants from denial of their motion for summary judgment, and the second appeal is taken by defendants after trial and judgment for the plaintiffs.

The fact situation presented to us is somewhat complex. In 1956, the Burkes, appellants herein, executed a note and mortgage to Gottfried, Gazley and Post, a partnership doing business as Ed Post Realty, the appellees herein. The Burkes signed the note as…