Advance Thresher Co. v. Whiteside

Citations

• 3 Idaho 64
• 26 P. 660
• 1891 Ida. LEXIS 16

Syllabus

<p>Chattel Mortgage — Foreclosure by Notice and Sale — Action for Deficiency. — The plaintiff held a chattel mortgage given by defendant to secure the payment of three certain promissory notes made by defendant, for purchase price of certain personal prop- - erty.</p> <p>Foreclosure — Deficiency.—Default having been made by defendant in the condition of mortgage, plaintiff foreclosed by notice and sale as provided by statute. The return of the sheriff showed a deficiency of some $900, to recover which amount plaintiff brings this action. To a complaint setting forth all the details of the transaction, including the foreclosure sale and report of sheriff showing deficiency, in proper form, defendant enters a general demurrer, which was sustained by the court. Held, that the action was properly brought, and that the action of district court in sustaining demurrer to complaint was eri'or.</p> <p>(Syllabus by the court.)</p>