National S. F. & B. Ass'n v. Waters

Citations

• 141 Pa. 498
• 21 A. 666
• 1891 Pa. LEXIS 1091

Syllabus

<p>(a) The terre-tenant of real estate subject to a mortgage, being informed that payment was demanded, requested a statement. On August 30th, a statement was rendered marked, “ Good until September 11th.” On September 6th, a scire facias was issued, and on September 11th, the terre-tenant paid the debt and interest, the costs to be adjusted in the pending suit:</p> <p>1. Under a fair and reasonable construction of the statement, the terretenant had until September 11th to pay; and the issuance of the scire facias, prior thereto, being unnecessary as well as a breach of faith, the mortgagee was not entitled to recover attorneys’ commissions provided for in the mortgage on default of payment.*</p>