Procedural Posture

Defendant borrowers appealed the judgment of the Superior Court of Los Angeles County (California), which overruled the borrowers' demurrer.

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Overview

Plaintiff lender filed an action against the borrowers, alleging that the borrowers failed to pay part of the principal and the interest due on a promissory note. The borrowers filed a counterclaim for breach of contract and demurred. The lower court overruled their demurrer. The borrowers appealed and claimed that the action was in effect one for the specific performance of an agreement for the purchase and sale of real estate, that it was incumbent on lender to allege and prove that the contract was just and reasonable as to the borrowers, and that the consideration was adequate. The court held that the lower court's finding the borrower had not been damaged in any sum was justified and was sufficient to sustain the judgment against the borrowers' counterclaim.

Outcome

The court affirmed the judgment against the borrowers.

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