Butler Bros. Development Co. v. Butler

Plaintiff brought this action to foreclose a trust deed given to secure a promissory note in the sum of $62,158.38 executed by defendant Julius W. Butler on October 16, 1934, and payable to the order of the bearer. The complaint is in the usual form. Defendant Julius W. Butler answered, admitting the execution of the note and trust deed, but alleging that as a part of the agreement there was executed at the same time a written agreement between him, his brother, Paul, and his father, F. O. Butler, who dominated and controlled plaintiff corporation, which by its terms imposed obligations upon…