effect a chattel mortgage should be filed as a chattel mortgage. “The law regards form less than substance.” Maxim 7262.
Grace, J. (dissenting). I dissent from the result arrived at by the majority opinion, for the same reasons I dissented in the case of Merchants’ State Bank v. Sawyer Farmers’ Co-op. Asso. 47 N. D. 375, 149 A.L.R. 1353, 182 N. W. 263.
BEULAH McHENRY AMIDON, Respondent, v. CHARLES W. WALTERS, and Anna Walters, appellants.
(183 N. W. 107.)
Brokers—computation of interest.
In a stipulated action to determine interest payable under a real-estate contract, it is held, for reasons stated in the opinion, that interest should be computed from the date stated in the original contract, and that the preliminary decree entered for a strict foreclosure, in the event of default, was proper.
Opinion filed May 18, 1921.
Action in District Court, Cass County, Cooley, J. The defendants have appealed from the preliminary decree.
Affirmed.
Lyman Miller, for appellants.
Pierce, Tenneson, Cupler, & Stambaugh, for respondents.
The liability of a vendee in an executory contract for interest and taxes is determined and measured by his right to the possession of the and, and the rents and profits derived therefrom. 29 Cyc. 1630; Frits v. O'Brien Land Co. (Minn.) 136 N. W. 301, and note to the same case in 43 L.R.A. (N.S.) 51.
It is clear from the contract between the parties that they understood and intended that the interest from November 1, 1919, should be com-
