Mazuran

This is an action upon a note and mortgage. Judgment went for defendants below and plaintiff appeals. Defendants in their answer set up as an affirmative defense that the note and mortgage were procured by certain fraudulent representations of plaintiff and the trial court found in defendants’ favor on this issue. In this behalf the court found that prior to the execution and delivery of the note and mortgage plaintiff, who is an attorney at law, promised and assured defendants, who are husband and wife, that he could and would in consideration thereof perform seven distinct legal services each of which is specifically set out in the findings; that he made said prom ises without any intention of performing, and did not perform them; that solely by reason of said promises and in reliance thereon defendants executed and delivered the promissory note and mortgage. The court further found that contemporaneously with the execution of the note and mortgage defendants also signed a certain agreement in writing which in terms bound plaintiff to perform only one of the seven legal services theretofore agreed upon in consideration of the giving of said note and mortgage but that this…