Abbeville Live Stock Co. v. Walden

The action, by a mortgagee, is detinue for a mule, against the purchaser thereof from the mortgagor, who had sold it pursuant to the verbal instructions of the mortgagee.

There was conflict in the evidence as to the exact terms of the mortgagee’s consent to the sale; there is no conflict as to the fact that he so consented. The mortgage contained the provision:

“It is expressly agreed that none.of the property conveyed herein shall be disposed of by mortgagor without the consent in writing of mortgagee, or its assignee.”

A general rule of contracts is that stipulations solely for the benefit of…