Barentine v. Clements

HOBSON, Judge.

Albert Clements, appellee, brought an action to foreclose- a mortgage on certain real property owned by appellants, Joseph and Ruth Barentine. Appellants filed an answer in which they admitted non-payment but denied default. Appellants raised an affirmative defense. They alleged that an extension on the payments had been granted and the 'extention agreement reduced to writing.

Appellee moved for a “judgment on the pleadings,” contending that the extension agreement on its face showed a lack of consideration which entitled him to a judgment as a matter of law. The court treated…