Schelberger v. Schelberg

Action to recover from the estate of decedent $4,000 and interest. Judgment for plaintiff reversed on the law and the facts and a new trial granted, with costs to abide the event. The evidence is wholly insufficient to sustain a finding that decedent agreed to pay plaintiff $4,000. There is some evidence that decedent agreed to give plaintiff a second mortgage for $4,000 on a parcel of real property. The complaint may be interpreted as an action for breach of contract for failure to deliver such a $4,000 second mortgage, but there is no proof of damage as a consequence of a breach of such a…