Swaner v. Union Mortgage Co

WOLFE, Justice.

This is an appeal from a decree of the District Court based on an advisory verdict of a jury, cancelling respondent’s promissory note for $3,000 as well as a mortgage on certain real property, and awarding damages to respondent for appellant’s failure to perform the contract or to release the note and mortgage.

Respondent, plaintiff below, was engaged in the building of houses. He had had certain dealing with appellant, a corporation which lent money. Because of this he applied to it for a loan of $3,000 to finance the building of a certain house. As agreed to by the parties, a…