Spielman v. Albinson

Defendant corporation appealed from a judgment entered against it for $13,496.

The present important portion of a contract between plaintiff, the respondent herein, and appellant, arising out of a lengthy state of facts relating to a farm, is this:

“And thereafter [respondent] to give a quitclaim deed of said premises to said John A. Albinson Lumber Company [appellant] and take a mortgage back for whatever balance remains unpaid to him.”

At that time the balance had reference to an indebtedness due respondent evidenced by the personal note of John A. Albinson and secured by a second mortgage on…