Gardner v. McClusky

OPINION

BARTEAU, Judge.

Francis Michael Gardner, Thomas E. Gardner and Francis A. Gardner appeal the trial court's judgment discharging the obligation owed to Francis Michael Gardner and Thomas Gardner, secured by a mortgage on Mary Ann MceClusky's ("Mary Ann") farm and the judgment against Francis A. Gardner (Frank Gardner" or "Gardner") in the amount of $300,000. Francis Michael Gardner, Thomas E. Gardner and Francis A. Gardner are referred to collectively as "Defendants."

Because we reverse in part and affirm in part, we address only the following issues:

*31. Whether the trial court erroneously…