Beeler v. American Trust Co.

I dissent. In this appeal from a decree of foreclosure exception is taken to the judgment only insofar as it charges the plaintiff with interest on the debt due the defendant for a period during which the defendant failed and refused to comply with the judgment and by its conduct precluded or excused the plaintiff from complying therewith.

The essential facts and the controlling law herein were finally adjudicated in the basic case of Beeler v. American Trust Co. (1944), 24 Cal.2d 1 [147 P.2d 583], and are no longer subject to dispute. In 1937 plaintiff and defendant entered into an agreement…