Ferguson v. Associated Oil Co.

This action was brought for an accounting and to have a deed declared to be a mortgage. The cause was tried to the court without a jury, and resulted in a judgment to the effect that the deed was not a mortgage, and that, on the accounting feature, the plaintiffs were entitled to $583.57. From this judgment, the plaintiffs did not appeal, and the defendant appealed from that part of the judgment so far as the accounting was concerned.

The facts may be summarized as follows: For some years prior to March 3, 1928, Mike Ferguson and Claude Ferguson operated a gasoline service station at…