Real Estate-Land Title & Trust Co. v. William Cohen Building & Loan Ass'n

Opinion by

James, J.,

This is an action in assumpsit on a written indemnity agreement executed by the defendant. The court below sustained the questions of law raised by the affidavit *209of defense and entered judgment in favor of the defendant. From that judgment the plaintiff appeals.

The plaintiff held a first mortgage dated May 18, 1925, in the amount of $2,500, on certain premises owned by Benjamin Glynn. The defendant, who held a second mortgage in the amount of $2,000, entered into a written agreement with the plaintiff, on May 16, 1929, whereby in consideration of the extension of the first…