Wymelenberg v. Badger Furnace Co.

Among other findings made by the trial court were the following:

“That an agreement existed between J. PI. Van Vreede [debtor] and Badger Furnace Company [appellant] at the time of the execution of the mortgáge on February 27, 1933, that the mortgagor would remain in possession of the property covered by the mortgage and sell it in the ordinary course of trade and retail dealing, as he had before the execution of the mortgage.

“That goods were sold by the mortgagor in the ordinary retail trade and the proceeds were not applied toward the payment of the mortgage debt.

“That the mortgagee at all…