Bohnert v. Radke

It is earnestly contended by the defendant that there is no sufficient evidence to justify the verdict of the jury. The land contract, in which the agreement to assume the mortgage is claimed to exist, was lost and could not be produced at the trial. The finding of the jury, therefore, depends upon the oral testimony of the witnesses. There is no dispute as to the contents of the contract except upon the one point, and that is as to whether it contained a provision on the part of the appellant in which he assumed and agreed to pay the chattel mortgage in question. One witness, Attorney August…