Lozano v. Meyers

This suit was brought by G. M. Lozano and wife against E. J. Meyers, W. R. Mulhausen, R. W. Mulhausen, and A. G. Purdy, seeking to cancel two promissory notes and a purported mechanic’s lien, on account of failure of the consideration for which the notes were executed. The notes were executed by Lozano on May 10, 1927, one for $45,000, and the other for $2,000. Purdy, by cross-action, claimed to be holder of the $2,000 note in due course, and sought recovery thereon. The case was tried before the court without a jury.

Judgment was rendered in favor of the Lozanos, canceling the $45,000 note…