Windett v. Union Mutual Life Insurance

Syllabus

<p>If a mortgagor, who has agreed by the terms of the mortgage that he will pay all taxes, and that' the mortgagee, in case of sale for breach of condition, shall be allowed all moneys advanced for taxes, or other liens or assessments, with interest, neglects to pay taxes duly assessed, and the land is duly sold for the non-payment of such taxes, and the validity of the deed made to the purchaser is doubtful, the mortgagee, upon a bill for foreclosure, is entitled to be allowed a sum paid by him to buy up the tax titles, exceeding the amount of unpaid taxes and interest by a very small part only of the penalties accrued.</p> <p>An agreement to -pay an attorney at law a retainer for professional services which are never performed is not to be implied.</p>