Landis v. Robacker

Opinion by

Mr. Justice Kephart,

Landis, who dealt in real estate, sold on February 9, 1922, a partially completed house and lot to Robacker, receiving, as part consideration, a mortgage for |3,500. On August 21, 1922, Landis assigned the mortgage to the Security Savings & Trust Company of Erie, delivering the mortgage to it. Robacker, on March 9, 1923, reconveyed the land covered by the mortgage to Landis, who agreed to satisfy the mortgage; the deed, however, contained a clause by which Landis agreed to pay the mortgage debt of $3,500 as part of the consideration for the reconveyance. On March…