Johnny Hill v. State Indiana

On June 30, 1966 defendants-appellants Edward and Elizabeth Warner purchased an apartment building located on West Fifth Avenue in Gary, Indiana from plaintiff-appellee Webber Apartments, Inc. To secure payment of the purchase price Warners executed a purchase money mortgage to Webber for $140,000. On December 6, 1976 plaintiffs attorney notified Warners that more than 60 days had elapsed since their last payment. Pursuant to the terms of the mortgage plaintiff declared the entire unpaid balance due, together with interest and attorney fees. Rather than foreclosing on the property plaintiffs suit was based on a personal promise to pay contained in the mortgage. Summary judgment was rendered for plaintiff in the sum of $119,925.85 and defendants appeal. The principal issue for review is the propriety of the summary judgment entry.