Brundage v. Burke

The opinion of the court was delivered by .

Anders, J.

On June 10,1891, the respondents, who were defendants in the court below, borrowed $300 from the appellant, and, to secure the payment of the same, they executed and delivered to him a bill of sale of certain personal property consisting of household furniture and other effects. The rate of interest to be paid on the loan was not evidenced by any writing, but the parties agreed orally that it should be five per cent, per month. This action was brought to foreclose the’ bill of sale upon the theory and understanding that the same was in…