Wells v. Ray
Wells v. Ray
Opinion of the Court
This is an appeal from a judgment directing the sale of certain real estate in Laurel County to satisfy a mortgage lien for $1,296.94, covering the balance due on the mortgage note payments which were in default.
The appellants had given the note and mortgage to secure the sales price of a sawmill which they had purchased in May, 1948, from the appellees and which they assert in defense was warranted by the appellees to be in good working condition when, in fact, it was not. The parties apparently agreed orally that the appellants were to pay the note at the rate of $8 every 1,000 feet of lumber cut. When the appellants were unable to keep the mill in operation because of mechanical difficulties, no lumber was cut and no payments were made.
The appellants inspected the sawmill in operation before they purchased it. They were not as experienced in the business as were the appellees who sold it to
The judgment is affirmed, with directions that the error in calculating the principal amount be corrected as agreed to by ap-pellees.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.