Insell v. McDaniels

On October 4, 1918, appellant and appellee Frank McDaniels entered into a written contract for the exchange of certain real estate. Appellee Lillian McDaniels was not a party to said contract. The contract provided that the said Frank McDaniels should give a third mortgage of $3,550, drawing six per cent interest from and after March 1, 1919, on certain of the premises. Said mortgage was to become due on or before tbe date of a certain first mortgage thereon. In pursuance of this contract, and in closing up the transaction, on or about January 24, 1919, appellees executed the note in suit,…