Fleischmann v. Clausen

The plaintiff appeals from what purports to be a judgment on the merits dismissing the complaint. There appears to have been error in so entering the judgment, since the decision of the court shows that a judgment of nonsuit was rendered. The plaintiff has shown facts, however, creating issues which he was entitled to have the court decide upon the merits.

*8The facts, in so far as necessary to show the grounds for the decision, briefly are as follows: The plaintiff sold to the defendants Clausen a bakery business, receiving in payment certain notes and taking back a chattel mortgage to secure…