GEORGE W. STIRTON et al., Appellants, v. NICK PASTOR et al., Respondents, 177 Cal. App. 2d 232

Summary

Plaintiffs allegedly conveyed a note and deed of trust to defendant contingent upon the delivery to plaintiffs of furniture and equipment. Plaintiffs sued and alleged that the delivery of the furniture and equipment was never made. Defendant moved for summary judgment. Plaintiffs produced an affidavit that stated the sale was contingent and that defendant had refused to deliver the furniture and equipment. Defendant produced contrary affidavits made by plaintiffs' prior counsel and prior opposing party's counsel, which alleged that plaintiffs' affidavit was false and frivolous. The trial court awarded summary judgment to defendant. On appeal, the court reversed. Whether or not the claims made by plaintiffs were false and frivolous was not a subject of investigation at the hearing on the summary judgment motion. On its face, plaintiffs' complaint stated a cause of action because, if the trust deed was upon conditions, there was no effective delivery, and no lien was created unless the ...