Ordway v. Downey

Citations

• 18 Wash. 412
• 51 P. 1047
• 1898 Wash. LEXIS 568

Syllabus

<p>ASSUMPTION OF MORTGAGE DEBT — VERBAL AGREEMENT FOR—BURDEN OF PROOF — REVIEW ON APPEAL.</p> <p>A verbal contract by the grantee of mortgaged premises to assume the mortgage thereon is enforcible as a contract independent of the deed of conveyance and additional to it, which is not merged in the executed deed, and therefore does not fall within the rule forbidding the introduction of parol testimony to vary, alter or add to a written contract.</p> <p>The burden of proof is on the party asserting a parol contract for the assumption of a mortgage to establish the contract by clear and conclusive proof.</p> <p>A judgment in favor of plaintiff should be reversed on appeal, where the burden is on him to establish an oral agreement by a clear preponderance of the evidence, and the evidence relating thereto is evenly balanced.</p>