Jaarda v. Van Ommen

On March 28, 1930, defendants (Van Ommen) purchased a farm from plaintiff for the sum of $4,300 and made a down payment of $2,000 in cash, giving a promissory note secured by first mortgage for $2,300, to become due March 28, 1940, the mortgage providing that the whole amount of principal shall become due forthwith if the interest remains unpaid for 30 days.

Defendants never paid any interest and after five instalments remained unpaid for more than 30 days, plaintiff instituted foreclosure proceedings. Defendants never paid any taxes and the plaintiff paid them for three years.

It was provided…