Schwanke v. Dhein

Defendant appealed from a judgment holding that plaintiffs were entitled to specific performance of an oral agreement under which defendant agreed to purchase from plaintiffs a promissory note secured by a mortgage on real property. Defendant challenges the court’s findings of fact and conclusions of law in several respects. However, the evidence, although somewhat conflicting, affords ample support for the court’s findings. Likewise, there is no error in the court’s conclusions of law, excepting in one respect, which is fatal to plaintiffs’ recovery. For the consideration of that error it is…