Loza v. Osmola

The plaintiff sued in contract or tort for damage caused by the foreclosure of a personal property mortgage. At the trial he was required to elect between the tort and contract counts. He elected to rely on the count in contract. He did not claim an exception or re*222quest a report by the judge in regard thereto. The mortgage contained a power of sale that, on default, the holder “may sell the said goods and chattels at public auction, first giving five days notice in writing of the time and place of sale to me [the mortgagor] or my representatives or publishing such notice once a week for three…