Mechaber v. Pittle

The defendant owned a mortgage made by one Charette upon premises subject to prior mortgages to a bank for $9,000, to one Driscoll for $28,000, and to one Desautels for $5,000. As to one parcel it was a second, and as to another it was a third mortgage. It contained an agreement by which Pittle guaranteed the performance *196of the conditions of a lease made by Pittle to Messier and assigned to the Made Rite Ice Cream Company. It secured a note for $28,000, and bore date February 2, 1925. The plaintiff negotiated for its purchase; and on March 24, 1925, a written agreement under seal was signed…