O'Donnell v. Kennedy , 120 Cal. App. 2d 926 ( 1953 )

MITCHELL, J.

On August 17, 1949, respondents loaned to appellant the sum of $360, and took from appellant his promissory note for the sum of $413.

During the next 15 months the appellant repaid to respondent the sum of at least $438, perhaps $498.

The overpayment may have been made on account of another loan of $114.75:

The indebtedness having been paid, the obligation has been discharged.

Judgment reversed.

Findlay, J., and Coughlin, J., concurred.