Nutter v. Mroczka

This action of contract was brought in the District Court — by writ dated October 19, 1936 — to recover damages from the defendant because of his failure to pay a mortgage that he assumed and agreed to pay on real estate that the plaintiff sold to the defendant.

The case was heard upon an agreed statement of facts, which included the following facts: “The plaintiff purchased the property on July 17, 1923, and on the same day placed a mortgage thereon for $1200 running to the *344Lowell Institution for Savings securing a note for the same amount to the said bank due and payable in one year from its…