Schreiner v. Witte

This is an action in equity to foreclose a chattel mortgage. The petition contains the necessary allegations. The prayer reads in part: “In case of a deficiency existing after the application of said proceeds of said sale that judgment be entered against defendant for same, and for such other and further relief as may be just and equitable.” Defendant’s answer contained a general denial, and by an amended cross-petition alleged an oral agreement of partnership for the purpose of engaging in business, and that the plaintiff, without excuse, quit and abandoned the business, setting forth the…