Williams v. Wisner Building Co.

This action brought to foreclose a mortgage is based upon the failure of the mortgagee to comply with the terms of subdivision 2 of the mortgage, to wit, “ that the mortgagor will keep the buildings on the premises insured against loss by fire for the benefit of the mortgagee.” The complaint alleges that the defendant did not insure the mortgaged premises and asserts the right under subdivision 11 of the mortgage, which provides “ that the whole of said principal sum shall become due at the option of the mortgagee upon any default in keeping the buildings on the premises insured against loss…