Borchardt v. Citizens State Bank

The following opinion was filed November 9, 1932:

Wickhem, J.

The basis for the determination of the trial court was that while, as a part of the second transaction, there was an oral agreement that the principal sum of the $5,000 mortgage would be satisfied at testator’s death, and that this was to be taken care of by bequest to one of the plaintiffs of a sum equal to the principal sum of the mortgage, this agreement was not supported by sufficient consideration. The finding to the effect that there was such an agreement is supported by the evidence, and its validity is established by the…