Calder v. Richardson

HUTCHESON, Circuit Judge.

The suit was brought by appellant as assignee of Bidwell Properties, on a contract *250of assumption of four first mortgage purchase money notes for $5,000 each, a part of a series of 12 notes, which notes had been given to one Harris by one W. P. McDonald, in a deed dated November 7, 1924, in connection with the purchase of 900 acres of land in Charlotte County, Florida.

The complaint was in three counts each alleging damages in the amount of $35,-000. The first alleged generally that appellee had failed to pay the notes it had assumed and that as a result thereof,…