Harbican v. Skinner

Citations

• 83 Wash. 596
• 145 P. 582
• 1915 Wash. LEXIS 711

Syllabus

<p>Evidence — Parol Evidence — Consideration of Mortgage — Collateral Agreement. It is competent to show by parol the true consideration for executing a note and mortgage; hence it is admissible to show an oral collateral agreement whereby the mortgagee agreed to pay a street assessment then due and certain insurance premiums, which, by the terms of the mortgage, the mortgagors had agreed to pay, and which the mortgagors orally agreed to repay when the first installment of interest became due.</p> <p>Same — Parol Evidence to Vary Writing — Inconsistency—Mortgages — Construction. An oral agreement by a mortgagee, at the time of the execution of a note and mortgage, to pay a street assessment then due and certain insurance premiums, which the mortgagors orally agreed to repay when the first installment of interest became due, is not inconsistent with the terms of the note and mortgage, requiring the mortgagors to pay all assessments, taxes and insurance, on pain of having the whole sum declared due and payable; in view of a provision to the effect that, upon failure of the mortgagors to make any payments when due, the mortgagee may, at his option, pay any such sums, which shall be secured by the mortgage and draw interest; since this clause authorized the mortgagee to exercise his option of paying these items.</p> <p>Mortgages — Construction—Defaults—Maturity of Debt — Option to Declare. An oral agreement by the mortgagee on the execution of a mortgage to pay street assessments and insurance then due, the same to be repaid by the mortgagors when the first installment is due, will be held an exercise of his option, provided in the mortgage, to pay any such sums upon failure of the mortgagors to do so, and have them secured by the mortgage, with interest; hence he cannot declare the whole sum due for defaults of the mortgagors, until after such repayments become due under the oral agreement.</p>