De Jianne v. Citizens' Protective Ass'n

The opinion of the court was delivered by

Trenchard, J.

This action was brought to recover the moneys due under a written contract for the purchase of land.

TJnder the contract the defendant agreed to buy the land for the sum of $22,500, subject to an $8,000 mortgage held by the Mutual Benefit Life Insurance Company, and to pay $100 a month until a certain time, and also to pay the plaintiff the interest on the mortgage, and interest at six per cent, on the balance of the purchase price, “such interest to be paid monthly and in addition to aforesaid monthly payments.”

*108The $100 installments were…