Loeb v. Christie

6 Cal. 2d 416 (1936)

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Loeb v. Christie

California Supreme Court

6 Cal. 2d 416 (1936)

Facts

Edwin Loeb (plaintiff) made a loan in exchange for a promissory note secured by a trust deed on real property. H. H. Christie (defendant) agreed to be a guarantor with respect to the note. The issuer of the note defaulted, and Loeb sued Christie to hold Christie personally liable for the amount due under the note by virtue of Christie being a guarantor. Loeb had not attempted to force a sale of the property under the trust deed before suing Christie personally. The trial court held that Christie was personally liable to Loeb, and Christie appealed.

Rule of Law

Issue

Holding and Reasoning (Waste, C.J.)

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