Whelan v. Memory-Swift Homes, Inc.

BIRD, Judge.

The defendants below appeal from a judgment against them in the sum of $4,-567.12. The action arose in the following manner.

Defendants purchased a pre-cut home from plaintiff on what is generally known as a deferred payment plan. They executed and delivered their promissory note to plaintiff together with a mortgage on certain real estate as security. Defendants defaulted in payment and were sued for the entire debt according to the acceleration clause of the mortgage. The defendants pleaded divers defenses. On trial, however, the entire defense crystallized into a single plea of…