Bowen v. Bankers Life Co.

Plaintiffs, husband and wife, had a verdict for damages for an alleged premature and wrongful foreclosure of a real estate mortgage. Its motion for judgment or new trial was denied, and defendant appeals from the judgment.

The mortgage covered a fractional half section in Mower county. Defendant as mortgagee foreclosed and bid in at the sale February 16, 1929, for $22,315.38, the full amount of the debt and expense of foreclosure. Plaintiffs sue for breach of a contract which they claim to have made with defendant September 26, 1928, whereby defendant bound itself not to foreclose for 18…