Zwicker v. Gardner

The plaintiff mortgaged certain premises to the defendant’s testator. The defendant’s testator instituted foreclosure proceedings and the plaintiff alleges that the defendant’s testator agreed that if he, the plaintiff, would not bid at the foreclosure sale or procure other persons to bid, he, the defendant’s testator, would bid the premises in and sell them at private sale and pay over to the plaintiff any balance that remained after deducting the mortgage, interest and expenses. The plaintiff alleges that he refrained from bidding or procuring others to *96bid at the foreclosure sale, and that…