Nalder v. Kellogg Sales Co.

LEWIS, District Judge.

Action by respondents to recover damages which they allege occurred as the result of appellant’s wrongful failure to release both real and chattel mortgages. The matter was tried to the court sitting without a jury who rendered judgment in favor of respondents without distinction between them in the sum of $90,950.10 after allowing credit by set-off for an admittedly unpaid debt secured by one o*f the mortgages in issue. The judgment is reversed and a new trial ordered.

In 1949, Nalder Sr. and Jr. entered into the turkey raising business, obtaining both feed and finances…