Mortgage & Contract Co. v. Linenberg

I am in accord with the opinion of Mr. Justice WIEST except that portion wherein he holds that Mrs. Obenauer's guaranty of payment does not apply to the amount due plaintiff under the acceleration clause of the contract being foreclosed. In that holding I cannot concur. While a former notice of the vendee's default had been given to Mrs. Obenauer by plaintiff, the record does not show that she was given notice of the defaults which led to this foreclosure. My Brother's decision is based, as he states, upon the proposition that:

"Defendant Obenauer was entitled to notice of default before the…