R. Est. L.T. and T. Co. v. B. and L. Assn.

Argued October 4, 1937. This is an action in assumpsit on a written indemnity agreement executed by the defendant. The court below sustained the questions of law raised by the affidavit of defense and entered judgment in favor of the defendant. From that judgment the plaintiff appeals.

The plaintiff held a first mortgage dated May 18, 1925, in the amount of $2,500, on certain premises owned by Benjamin Glynn. The defendant, who held a second mortgage in the amount of $2,000, entered into a written agreement with the plaintiff, on May 16, 1929, whereby in consideration of the extension of the…