Riddle
Riddle v. Etling
Opinion
Lead Opinion
Finch, J.
This is an action to foreclose a chattel mortgage given by defendant to plaintiff on a crop of barley and an automobile to secure the payment of a promissory note for $1,000. Plaintiff was given judgment for $300 and interest and- also the sum of $100 as attorney fees, and the automobile was ordered sold to satisfy the judgment. The defendant has appealed. The court found:
“That the crop of barley . . . was sold by the defendant for the sum of $1,922.35, and defendant paid to plaintiff the sum of $1,722.35 from the proceeds of said sale.
“That at the time said plaintiff received said sum defendant was owing plaintiff, and there was due and payable from defendant to plaintiff, in addition to the amount due on the promissory note set forth in said complaint, the sum of $1,113, which said sum represents money borrowed from said plaintiff by defendant, money paid by plaintiff for defendant at his request and wages due plaintiff from the defendant.
“That at the time said defendant paid the plaintiff the sum of $1,722.35, plaintiff and defendant had no accounting between themselves, and neither of them knew to a certainty how the account stood.
“That from said sum of $1,722.35,…