Baugh v. Fist

The opinion of the court was delivered by

West, J.:

Baugh bought of Fist a quarter section of land in Morton county for $800. He paid $200 down, and gave six notes for $100 each. Later he bought of Fist a quarter section in Rooks county for $5000, turning in the Morton county land at $1400. The deed was made to one John Q. Myers and Baugh assumed a 1900-dollar mortgage, leaving a balance of $8100 for which he executed a mortgage to Myers. Baugh claims Fist returned his six notes of $100 each and was to have credited him with $800 on this mortgage to make up the balance of the $1400 for the…