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SMITH v. RENZ

Docket No. 15660.

122 Cal.App.2d 535 (1954)

265 P.2d 160

CRAIG P. SMITH et al., Respondents, v. MAE V. RENZ, as Administratrix, etc., Appellant.

Court of Appeals of California, First District, Division One.

January 18, 1954.

Attorney(s) appearing for the Case

Young, Rabinowitz & Chouteau and Walter Chouteau for Appellant.

Hancock, Elkington & Rothert for Respondents.

FINLEY, J. pro tem.*

This action in declaratory relief concerns the application of a substantial advance payment of principal made on a promissory installment note nearly five years before any of the installments became due. The question of interest is not involved. The point to be decided is how this advance payment is to be applied on the principal amount. Appellant contends that it should be applied to the last installments which would...

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