Peoples Savings & Loan Ass'n v. Cram

The plaintiff brought this action to foreclose a mortgage executed by the defendants Cram and for a deficiency judgment against defendants Batinovich, who were grantees of the mortgaged property under mesne conveyances from the Crams. Judgment was entered foreclosing the mortgage, but not for any deficiency. Plaintiff appeals.

Appellant contends that the respondents Batinovich rendered themselves personally liable for the mortgage debt by reason of the fact that the deed, conveying the property to them, contained the following clause: “The grantee promises and agrees to have all existing…