Karlen v. Trickel

At the outset, in justice to the trial court it should be said that the proposition which we find *153controlling m this case was not urged upon the attention of the court below. It is the contention of the plaintiff here that by the sale of the premises on February 28, 1921, and the execution and delivery of a deed to the defendant HMi-litan, wherein and whereby the defendant Haldimcm agreed and promised to pay the mortgage in question as a part of the purchase price of the premises, that the defendants Trickel confirmed and ratified the mortgage of $16,000 given April 30, 1920, and that they…