Jeske v. Hotz Manufacturing Co.

The following opinion was filed April IS, 1941:

Rosenberry, C. J.

Upon this appeal Jeske and Aderman contend that the defendants breached the contract with Jeske. That matter, however, is clearly foreclosed by the judgment on the first trial. Jeske and Aderman next contend that the court erred in directing judgment for the amount remaining due on the mortgage. The judgment was entered against Aderman upon the theory that the value of the mortgaged timber sold and disposed of by Aderman was largely in excess of the amount due upon the mortgage, and this matter will be discussed in connection…