Jacobson v. Ismond
Jacobson v. Ismond
Opinion of the Court
This bill was filed to correct and reform a mortgage, given by defendant to complainant, so that it
It is claimed by complainant that she was engaged in the mercantile business at Reed City in February, 1896; that she wished to go out of business, and advertised the fact; that one Mr. Warren answered the advertisement, saying that he had Battle Creek real estate belonging to Oscar C. Ismond, and would exchange it for the merchandise; that, after some correspondence, the parties met at Battle Creek; that complainant and her son were shown two pieces of property, one known as the ‘ ‘Jefferson-Street House and Lot,” and the other as the “River-Street Property ; ” that it was finally agreed that complainant would take these two pieces of property and some vacant lots for $8,500, and that the difference between the value of these properties and the value of the merchandise, when inventoried, should be secured by defendant by chattel mortgage on the stock; that, after the negotiations had continued for some time, it was suggested that such a mortgage on the merchandise would not be desirable, as it would amount to about $2,000; that the complainant and her son were then shown various other properties in Battle Creek claimed to be owned by the defendant, among which was a lot with a new house on it, mostly completed; that further negotiations were deferred until after the parties met at Reed City, and the mortgage taken, when the agent of defendant presented two mortgages, for 81,000 each. One covered what was called the “Gull Lake Property,” and the other property in Battle Creek. These mortgages were tendered to secure the difference between
The question involved is one of fact. We have read carefully the whole testimony in the case, and are satisfied that the claim of complainant is fully sustained by the evidence and the circumstances ^surrounding the case.
The decree entered by the court below must be affirmed, with costs.
Reference
- Full Case Name
- JACOBSON v. ISMOND
- Status
- Published