Finnerty v. Shade

The action was brought in March, 1927, by Ed Finnerty, who died on May 16th of the same year. Thereafter, his administrator was substituted as plaintiff. He averred, in substance, that, on April 7, 1923, he sold to the defendant, Shade, a certain $19,000 mortgage, at the agreed price of $13,000; .that of such price he received the sum of $10,000, and no more; that Shade purported in the transaction to represent himself and one Harrison, who with Shade was a joint owner of the farm covered by the mortgage in question; that $7,000 of the purchase price was to be paid by the cancellation of two…