Nebraska Supreme Court June 14, 1968, 36850 (Wortman v. Jessen)

Smith, J.

In purchasing land defendants gave plaintiff seller, Frances M. Wortman, their promissory note in part payment of the price. The note, secured by a mortgage on the land, contained an express condition qualifying defendants’ promise to pay. In this suit the district court foreclosed the mortgage, and defendants have appealed.