Prudential Insurance Co. of America v. Foster

The opinion of the court was delivered by

Thiele, J.:

This was an action for injunction to prevent a sheriff’s sale, and the appeal is from an order sustaining a demurrer *113to plaintiff’s evidence and setting aside a temporary injunction which had been issued.

The facts out of which the action arose, and as shown by the evidence, are as follows: On December 3, 1920, Frank Blanchat owned a certain tract of land which he mortgaged to the plaintiff for $7,000. On November 26, 1924, Blanchat orally agreed to sell the land to George O. Carothers for $22,000 which was to be paid by assumption of the…