Wilshire Enterprises, Inc. v. Taunton Pearl Works, Inc.

This bill to restrain the foreclosure of a mortgage was heard upon “an agreement of facts,” which is not in the record, but which the trial judge in bis “findings and order” said amounted to a case stated. From a final decree enjoining the foreclosure the defendant appealed.

The defendant is the holder of an instalment note dated December 31, 1967, secured by a mortgage on real estate on Ingell Street, Taunton, the terms of which provide that the sum of $2,500 is due on each consecutive quarter of each consecutive year commencing with April 1, 1968, together with interest on the unpaid…