Rice v. Fremow

ANDREWS, Judge.

This matter is before the court on appeal from a declaratory decree upholding the validity of the note and mortgage of the defendant and denying request for damages by the plaintiff.

It appears that the plaintiff purchased certain rental property in Sarasota from the defendant in consideration of the sum of $25,000, paying $10,000 cash and executing a note and purchase money mortgage for $15,000 for the balance due. An additional $10,000 was paid on account at the time of the institution of the litigation, leaving a balance due on the mortgage of $5,000.

The plaintiff filed suit…