Dameron v. . Carpenter

In addition to tbe facts in this judgment it appears from tbe affidavit and complaint of tbe plaintiffs and tbe answer thereto by defendants, Carpenter and Fuller, that Carpenter does not deny, and Fuller admits, that 28 June, 1924, and prior to bis assignment of the" McLean mortgage to Carpenter, that plaintiffs offered to pay tbe mortgage indebtedness to Fuller by offering to credit oh tbe Fuller note held by plaintiffs tbe amount of tbe McLean note, and Fuller refused to accept this obligation in payment. Tbe alleged reason for such refusal is that tbe McLean note was in fact tbe property…