Smith v. Mills

— On the 28th day of October, 1892, Charles E. Allender held the legal title to a house and lot in West Indianapolis, of which William J. Smith desired to become the purchaser, and sought the appellees, Mills & Small, with that object in view. On that day the following writing was executed between said Mills & Small and said Smith:

“Indianapolis, Ind., Oct. 28, 1892.

“Mills & Small: I will give you for house No. 90 Division street, West Indianapolis, fifteen hundred dollars ($1,500.00), and will pay for the same as follows: To assume mortgage on lot of $260.00 to N. McCarty, and one mortgage to…