Joest v. John A. Denie's Sons Co.

This is a suit to enjoin the foreclosure of a trust deed executed to secure a note from the complainant to the defendant. The indebtedness is admitted and amounts, with interest, to upwards of $4,000. The complainant claims an indebtedness from defendant to him in a sum much larger by way of damages for defendant’s alleged breach of a contract existing between the parties. The chancellor decreed in favor of the complainant for a nominal damage of $1 and on defendant’s cross bill entered a decree for it for $4,250, less $1, and for foreclosure of the mortgage unless the debt was paid within…