Rosenberg v. Rolling Inn, Inc.

Suit below was by the mortgagees, the appellants, for the bal anee due on an unrecorded mortgage which had been assumed by the corporate appellee when it purchased the business and assets of the original mortgagors. The trial court found that the undertaking was to answer for the “debt, default, or miscarriage of another” and because there was no written evidence of the agreement held that the statute of frauds barred recovery.

Rosenberg and Kaminsky, the appellants, are coin machine operators. Some of their machines were in a supper club in Baltimore County conducted by a corporation called…