Dawson v. Grote

This is an action for breach of an agreement to assume and pay a mortgage debt. The case was submitted to the Superior Court on agreed facts and was heard by a judge * sitting without a jury. He found for the defendant and ordered judgment accordingly. From that judgment the plaintiffs took the appeal which is now before us.

On February 25, 1908, Harriet B. Dawson, one of the plaintiffs, her husband being the other, made a mortgage on twelve acres of land then conveyed to her by one Dodge. This mortgage was conditioned on the payment of “the sum of four thousand dollars in five years from this…