Kingsley v. Kempthorne

MISER, C.

Respondent Kingsley in 1923 sold to appellant Kempthorne a lot in Aberdeen for $1,600. As part of the consideration paid therefor Kempthorne executed his note for $700 to Kingsle}'- securing the same by a mortgage on the lot. On October 20, 1928, when the mortgage was past due and unpaid, a written agreement was made between the parties as follows:

“ * * * In consideration of James H. Kempthorne having this day sold to Isabel D. Kingsley (the lot mentioned) it is * * * agreed * * * that the said Kingsley is to pay all the 1927 taxes now standing against said property. * * * (and) * *…