Krimm v. Devlin

Citations

• 206 Pa. 508
• 56 A. 23
• 1902 Pa. LEXIS 579

Syllabus

<p>Mortgage — Defense—Contract.</p> <p>Ia an action upon a mortgage it appeared that prior to the date of the mortgage, the mortgagee had contracted to furnish mill work to the mortgagor. The plaintiff, a manufacturing company, agreed with the mortgagee to manufacture and deliver to him the mill work. The mortgagor defaulted in the payments to the mortgagee, and the latter to the plaintiff. The three parties came together and entered into an agreement in writing by which the mortgagor agreed to give the mortgage in .suit to the mortgagee, and the latter agreed to assign it forthwith to plaintiff. The mortgagor also agreed to give security for the balance of mill work to be furnished under the original contract between the mortgagee and himself. The plaintiff agreed to discontinue a suit which it had begun against the mortgagee. Held, that under the agreement the plaintiff was under no contractual obligation to supply the balance of mill work to the mortgagor, and that a failure to do so was no defense to the mortgage.</p>