Sims v. Nelson

The plaintiff borrowed $200, and executed notes and mortgage for that amount. It appears from the evidence that the defendant was to receive from this amount $30 for negotiating the loan, to “cover all brokerage and expenses.” Under part of the evidence, the defendant’s relation to the borrower could be taken as merely that of agent or broker in obtaining the loan. Under the testimony of one of the witnesses, however, “he bought the notes in question from the defendant.” The defendant himself testified that he “agreed to negotiate” the loan. Copies of the notes are not contained in the…