Johnson v. Berns

On the Merits.

Reversed.

BURNETT, J.

The defendant, John Berns, owned a tract of land in Tillamook County upon which there was a mortgage to the State School Fund securing a note then overdue, and another mortgage to his father, Frank Berns, upon which the interest was due and payable semi-annually June 28th and December 28th of each year. On August 9, 1920, John Berns and Huida, his wife, as parties of the first part, and the plaintiffs herein as parties of the second part, entered into a contract for the sale by the first parties and the purchase by the second parties of the tract of land…