Keyes v. Kimmel

Pek Cukiam.

Defendant appeals from a judgment of $250 rendered against him in the Second District Court of Paterson. On an exchange of properties between the parties an agreement in writing was made by and between the defendant as party of the first part and the plaintiffs as party of the second part, wherein it was provided, with respect to a first mortgage of' $12,000 then on the premises conveyed out by the defendant,, as follows:

*605“It is agreed, however, that in the event that said first mortgage aforementioned is called in and the full amount of the principal demanded by the mortgagees at…