Mountain Electric Company v. Swartz

SMITH, Justice.

Appellant brought this action seeking to foreclose its second mortgage encumbering real property of respondents, given to secure payment of their promissory note. Repondents denied the indebtedness, and counterclaimed for all sums paid to appellant, claiming that appellant “unjustly and wrongfully received” the same through “coercion and threats and undue influence” of respondents.

Trial by a jury, by assent of appellant and respondents, resulted in a verdict and judgment of $3,880.06 in favor of respondents on their counterclaim. Appellant has appealed from an order denying its…