International Harvester Co. v. Fulmer

FOSTER, Justice.

This is an action for the statutory penalty for the failure to satisfy the record of a mortgage.. It was tried by the judge without a jury, and he made a special finding of the facts and rendered a judgment for plaintiff.

In so far as we think it is here material to do so, we summarize the facts as specially found to be as follows : Plaintiff bought one Dodge truck of defendant, with deferred payments in installments, secured by a mortgage on it. That mortgage was recorded in the probate office. It was paid in full, and when the last payment was made, plaintiff told the agent…