International Mortgage Bank v. Hachez

Citations

• 92 Wash. 180

Syllabus

<p>Mortgages — Assumption by Mortgagee — Evidence — Sufficiency. A finding that a subsequent vendee had assumed to pay mortgages is not sustained where it appears by the uncontradicted evidence of three witnesses that he expressly refused to purchase with assumption of the mortgages, that the grantors were informed thereof and agreed thereto, and that his deed with the assumption clause was drawn by and delivered to agents and recorded without his knowledge, and that he did not discover it until two years later.</p> <p>Estoppel — Assumption of Mortgage — Mistake—Reliance Upon Conduct. The payment of mortgage interest by a subsequent vendee does not estop him from asserting that a clause whereby he assumed payment of the mortgages was inserted in the deed by mistake, where the conditions or relations of the parties have not been changed to the disadvantage of any one; reliance on the conduct of another being an essential element of estoppel.</p>