Erny v. Sauer

Citations

• 234 Pa. 330
• 83 A. 205
• 1912 Pa. LEXIS 650

Syllabus

<p>Mortgage — Conveyance of Beal Estate — Agreement to surrender possession of mortgaged premises — Consideration.</p> <p>1. An agreement by a mortgagor in default on interest instalments to surrender possession of the mortgaged property and make a deed of conveyance for the saíne to the mortgagee on condition of his being released from further liability on the mortgage is without consideration and void. The fact that the mortgagor went to the trouble and expense of procuring another residence and removing his family thereto is not a sufficient consideration for such an agreement.</p> <p>2. Where a legal obligation exists a cumulative promise to perform it, unless upon a new consideration, is a nullity. A promise cannot be conditioned on a promise to do a thing to do which a party is already legally bound.</p>