Algrod Realty Co. v. Bayerl

Ackehson, S. C. C.

The defendants move to strike out the complaint as not setting forth a cause of action. The *652complaint alleges, and for the purpose of this motion the allegations therein must be assumed to be true, that the plaintiff Algrod Realty Company purchased certain premises and, as part of the consideration therefor, assumed and agreed to pay a mortgage thereon; that the plaintiff thereafter conveyed said premises to the defendants, and in the deed defendants expressly agreed and assumed to pay the aforesaid mortgage as part of the consideration for the said conveyance. It is further…