Berg v. Poeppel

The amended complaint of respondent, in substance, alleges: That, prior to February 15, 1933, one Frank E. Berg constructed a dwelling house for appellants, upon completion of which a dispute arose of the amount due Berg; that, on February 15, 1933, it was orally agreed that Berg accept in full settlement the sum of $471, with interest at seven per cent, payable at the rate of fifteen dollars per month, commencing- March 15, 1933, and that such' agreement was evidenced by a promissory note which was secured by a second mortgage; that the note and mortgage were executed to Berg, and that, by…