Hollon v. McComb

RAPER, Justice.

The judgment from which this appeal arises held that appellants were entitled to foreclose on a mortgage given by appellees in connection with their purchase of a house. But, the judgment further ruled that the appellees could reduce the amount owed on the note by a setoff of their claim against the appellants for breach of warranty. The appellants have challenged that judgment on three bases. First, they contend that the trial court failed to impose upon the appellees the duty to mitigate damages. Second, they argue that the district court mistakenly allowed the setoff to be…