Starling v. West Erie Avenue Building & Loan Ass'n

Opinion by Mr.

Chief Justice Kephart,

This is an appeal from the judgment of the court en banc reversing the judgment of the trial judge, who heard the case without a jury, and entering judgment n. o. v. Appellant, executor of the Starling Estate, which owned a first mortgage on 316 Market Street, Philadelphia, claimed that he entered into an agreement with the attorney for appellee building and loan association, holder of the second mortgage, that appellee, which was foreclosing, should pay the taxes on the property on condition that appellant would not bid at the sheriff’s sale, thus avoiding…