Durso v. Fiorini

Opinion by

Linn, J.,

The question is whether plaintiff should have execution on his judgment. It was entered on a judgment note executed by Giordana Fiorini dated September 3, 1926, payable one day after date. On the note was endorsed the following agreement:

“ ‘Mildred, Pa., Sept. 3, 1926.

This note is given to secure John Durso for cash payment of two thousand dollars on the real estate of Mrs. Giordana Fiorini in Mildred, Pa., and to be destroyed when deed is executed by said Giordana Fiorini and her husband, John Fiorini, of said real estate to said John Durso and in case deed is not made…