Shipley Co. v. Rosemead Co.

BURNELL, J., pro tem.

The complaint in this action is upon a promissory note in the ordinary and usual form, executed by The Rosemead Company, a common law trust, and indorsed by the individual defendants. By way o£ answer the defendants, appellants here, admitting nonpayment, set up as an affirmative defense that prior to the execution of the note a building contract had been entered into by one Jones and the defendants for the erection of certain improvements by Jones on a specified lot; that Jones procured a vault to be built in the. building under construction at a cost of $945, of which…