Cherry v. Home Savings & Loan Assn.

amend, respondent’s general demurrer to appellants’ first amended complaint. This appeal is taken from the ensuing order of dismissal entered pursuant to the provisions of Code of Civil Procedure, section 581, subdivision 3.

The following facts are taken from appellants’ first amended complaint: In 1964 appellants Orrin and Resellen Wickershim, husband and wife, executed a promissory note secured by a deed of trust on certain real property in favor of respondent, Home Savings & Loan Association. In 1967 appellant Tom Cherry desired to purchase the property from the Wickershims. A contract was…