Thompson v. Hirt

Plaintiff seeks to foreclose a mortgage executed by defendants pursuant to a contract of sale and deed to certain real estate. The legal quarrel finds its origin in the nonpayment of a drainage assessment which was not in existence and not within the contemplation of the parties at the time of the execution of the contract, deed or mortgage. There was no modification of the terms of the contract *583during the life of the transaction. Plaintiff bottoms his right to foreclose upon certain provisions of the contract and mortgage which are essential to be stated to understand the justification of…