Buster v. Kindrick

CLAY, Commissioner.

Appellant brought this action to recover on a promissory note and to foreclose a mortgage lien. The Court submitted to a jury the question of whether or not the terms of the mortgage contract had been orally changed. The jury found for ap-pellees, and appellant’s petition was dismissed.

This appeal brings before us only the question of whether or not the pleadings support the judgment. The original transcript of record contains appellees’ Answer, which alleges an oral agreement was entered into contemporaneously with the signing of the note and mortgage, varying the terms…