Opinion
Term No. 49M8. (Abstract of Decision.)
Opinion filed September 26, 1949 Released for publication October 26, 1949
FORECLOSURE OF MORTGAGES, § 172 — evidence warranting decree. Evidence warranted decree foreclosing mortgage securing note which mortgagor gave to mortgagee on an open account on ground that there was an expressed or implied agreement between parties for repayment of excess of mortgagee's advances to mortgagor over commissions earned by latter in selling mortgagee's products on commission basis, as against contention that mortgage was unenforceable because note lacked consideration in that account represented advances to mortgagor which were not loans but were in nature of expenses incurred in mortgagor's employment for mortgagee and that such advances were payable only out of commissions when earned by mortgagor.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Fayette county; the Hon. F.R. DOVE, Judge, presiding.
Decree affirmed. Heard in this court at the May term, 1949.
Robert G. Burnside, for appellants;
Will M. Albert, for appellee;
Kenneth Teasdale and Drew Luten, of counsel.
Not to be published in full. Opinion filed September 26, 1949; released for publication October 26, 1949.