New England Mutual Life Insurance v. Mannheimer Realty Co.

STONE, Justice.

Plaintiff, proceeding by advertisement, foreclosed a $175,000 mortgage on real estate belonging to defendant in St. Paul. The sale was had July 8, 1931. The purpose of this action is to recover an admitted deficiency. The trial resulted in the direction of a verdict for plaintiff. Defendant appeals from the order denying its alternative motion for judgment notwithstanding the verdict or a new trial.

The only defense pleaded was an alleged contract between plaintiff and defendant, the date of which is fixed by the answer “on or about the 27th day of December, 1930,” whereby…