Cargill, Inc. v. Van Deweghe

CHADICK, Chief Justice.

This suit originated as an action to collect the unpaid balance of two promissory notes and foreclose a mortgage, and in the alternative a suit on open account. The defendants’ answer plead a general denial and set up a cross-action for damages occasioned by a breach of contract. The cross-appellants’ appeal is dismissed and the judgment of the trial court is reformed and affirmed.

The span of this appeal may be reduced by first determining the validity of a second judgment in the case rendered by the trial judge. The suit went to trial without the intervention of a jury…