Morlock v. Fink

The assignor of the plaintiff, Mrs. Vierhus, together with a Mrs. Tisney agreed to lend the defendant $5,000. Each was to contribute $2,500. Mrs. Tisney expressed doubt of her ability to raise her share, but the appellant claims the agreement was that the full sum of $5,000 was to be lent. Defendant agreed to give security for the loan by executing a mortgage on a certain paint factory and machinery in Alameda. The mortgage was not executed but Mrs. Vierhus advanced $2,500, and later when Mrs. Tisney proved unable to raise her share Mrs. Vierhus, upon the importunities of appellant, advanced…