Schwager v. Buzanosky

The complaint alleges that “in said deed of conveyance” the defendants agreed to assume and pay the third mortgage and the note secured thereby “to the extent of $800.” This allegation is among those denied in the answer. The trial court has found this issue for the plaintiff. The allegation is on its face an attempt to state the legal effect of the assumption clause contained in the conveyance from Kleinschmidt to the defendants, so far only as the third mortgage is concerned. But on turning to the conveyance itself, which contains the authoritative expression of the defendants’ contract…