Morris v. Carter

DIXON, Chief Justice.

An automobile owned by James Edward Brown and mortgaged to appellant for $901.78 was seriously damaged by fire. Repair work amounting to $6S0 was done by appellee, who operates a garage. Thereafter Brown defaulted in his mortgage payments, so appellant sued him for debt and foreclosure. Appellee intervened, alleging that appellant, the mortgagee, had orally agreed to pay appellee for the repairs. Judgment by default was rendered for appellant against defendant Brown who has-not appealed. A jury returned a verdict favorable to appellee, and judgment was rendered for…