Nature of the Case
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Facts
P sued D on an unpaid promissory note and to foreclose a mortgage on certain real estate. D counterclaimed for damages, alleging a breach of contract by P to loan money to D for his excavating business. After the evidence was heard, the trial court gave the case to the jury for decision over the objection of P. The jury granted P's claim in part and granted D's counterclaim. P appealed.
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