Thompson v. Walker

Respondent Walker sold certain real property to appellant, respondent, Mrs. Towne, releasing her second mortgage on the property for a certain consideration, appellant assuming and agreeing to pay a first mortgage due the Federal Land Bank. Thereafter appellant brought this suit to recover $699.50, one year’s delinquent interest which he was compelled to pay on the first mortgage, on the ground that the respondents had falsely and fraudulently represented that there were no past due payments of interest, contrary to the true facts. A nonsuit was granted on the theory that there was no…