Mooney v. Van Kleeck Mortgage Co.

The defendant in error brought suit, and, upon trial to the court, had judgment against Mooney for $1,875, and he brings the case here for review.

The action was for damages for breach of a contract to borrow of the mortgage company $25,000 to be secured on land of the defendant. The complaint stated no more than this, though it contained much evidential matter. The defense also, though cumbered with evidential matter, stated what amounted merely to a denial of the contract; whether there 'was such a contract, was, therefore, the principal question below and is here.

It is claimed that the…