Griffin v. Compere

Plaintiff brought this action against defendants to recover a deficiency judgment on a promissory note secured by a chattel mortgage after private sale of the security. Defendants appeal on the judgment roll alone.

In their five-page opening brief appellants urge that there was a prior foreclosure action, which was later dismissed, and contend that the bringing of such action, under section 726 of the Code of Civil Procedure, constituted a binding election of remedies that barred, as a matter of law, the bringing of the present action for the deficiency remaining after a subsequent private…