Garner v. Thomas

LARSON, Justice.

This is an appeal from the district court of Weber county and involves a claim of error in the description of lands covered by a mortgage, and a claimed novation or. alteration in the notes secured by the mortgage. On November 12, 1919, Henry J. Garner and defendant George S. Thomas entered into a written contract for the sale of Garner’s 60-acre farm to Thomas for $11,500, to be paid as follows: “Amt to be paid from federal loan 6000.00. Not less than 5000.00 soon as loan is made. Bal on second mortgage on property which covers federal loan $5500.00 five thousand five hundred…