Vogt v. Calvary Lutheran University Missionary Society

The complaint does not adequately state the facts or clearly indicate the theory upon which, upon the trial, the court ultimately held that the plaintiff was entitled to recover from the defendant on an undertaking which the latter gave to plaintiff on September 3, 1925. The essential facts and legal consequences which support the court’s findings and conclusions of law, and the judgment, from which defendant appealed, are as follows:

In March, 1922, George Ellman, who then had a second mortgage on land subsequently acquired by the defendant, paid interest which was over due on a loan secured…