Brooks v. Thorne

Olsen, C.

Appeal by plaintiffs from an order denying their motion for a new trial.

Plaintiffs, husband and wife, sold to F. W. Thorne, hereinafter referred to as defendant, an apartment building and the lots whereon it was located. The title to the property stood in the name of the wife, Anna Brooks. The price was $57,000. The sale contract provided for the payment of $4,000 cash, the purchasers to assume a mortgage of $20,000 then against the property, and to pay the balance of $33,000 in monthly instalments over a period of years. The mortgage against the property was payable in instalments…