VAN VLECK REALTY v. GAUNT

Docket No. 23520.

250 Cal.App.2d 81 (1967)

58 Cal. Rptr. 246

VAN VLECK REALTY et al., Plaintiffs and Appellants, v. FRANK L. GAUNT et al., Defendants and Respondents.

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

April 13, 1967.


Attorney(s) appearing for the Case

Volney J. Tidball for Plaintiffs and Appellants.

Berns & Steinberg and Bertram M. Berns for Defendants and Respondents.


DRAPER, P.J.

The question on this appeal is whether an anti-deficiency statute (Code Civ. Proc., § 580b) bars recovery on an unsecured note given as part of the purchase price of land. This section proscribes deficiency judgment after sale of land under a deed of trust given to the vendor to secure payment of the balance of its purchase price.

In 1962, defendants agreed to purchase some 140 acres from plaintiffs Givenco. Purchase price was $185,000, ...

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