Har-Rich Realty Corporation v. American Consumer Industries, Inc. And Charles E. Pledger, Jr.

DANAHER, Circuit Judge:

Appellant in an action filed on January 17, 1964 prayed that the District Court set aside a “foreclosure sale of December 20, 1963” and award damages of $250,000. This appeal was brought after summary judgment had been entered for the appellees.

The record shows that the appellant on November 25, 1958 had executed its note payable to the order of American Ice Company in the principal sum of $35,000, with provision for monthly payments of $350, covering principal and interest, with a final payment on December 15, 1965 of the entire balance then due. The note, secured by a…