Novice v. Alter

Opinion by

Mr. Justice Sadler,

Novice, plaintiff, agreed, on December 2,1913, to purchase a house and lot of ground from Alter, the defendant, and paid a small sum as hand money to bind the bargain. The understanding of the parties was embodied in a writing under seal, by which the vendor promised to convey, by deed of general warranty, a fee simple title, clear of all encumbrances, except a certain mortgage for $2,200, with interest from January 1, 1914, of which the vendee was “to assume payment,” as a part of the total consideration of $3,600. Alter was the maker of the obligation referred…