Stead v. Randall

Citations

• 236 Pa. 64
• 84 A. 662
• 1912 Pa. LEXIS 713

Syllabus

<p>Mortgage — Agreement to extend mortgage — Forfeiture clause— Waiver.</p> <p>1. An agreement to extend a mortgage which provided that the principal of the mortgage shall not be demanded “during the extended term if the interest be paid quarter yearly ... and the other terms of the bond and mortgage are duly performed,” does not supersede a provision in the mortgage that in case of a default in the payment of interest quarterly within thirty days of the time it became due, the principal debt should become due and payable immediately.</p> <p>Affidavit of defense — Sufficiency — Averment of tender — Authority of agent — Interest — Mortgage.</p> <p>2. On a scire facias sur mortgage an affidavit of defense is insrifficient which avers that the defendant tendered to the attorney for the plaintiff at his office one quarter year’s interest upon the bond and mortgage, without any averment as to what was tendered, or as to the authority of the attorney to receive payment.</p>