Mohler v. Baker

OPINION

By WISEMAN, J:

This is an appeal on questions of law from the Common Pleas Court of Montgomery County which directed a verdict in favor of the plaintiffs. The plaintiffs brought an action on a promissory note and for foreclosure of a mortgage executed to secure said promissory note on a piece of real estate sold by the plaintiffs to the defendants. The defendants, in their second amended answer and cross-petition, admit the signing of the note and mortgage but deny that there is any sum due the plaintiffs upon said note and furiher allege:

“* * * that there has been a failure of the…