Kissinger v. Quirin

Davis, J.:

The action was brought by plaintiff as assignee to foreclose a mortgage given by Barbara Zangl to Frederick Doetsch, both deceased. The defendants Quirin are the only ones who have appeared.

The sole issue arises over payments alleged to have been made by the appellants, who had assumed and agreed to pay the mortgage when they purchased the premises on January 1, 1917.

*127The sale of the premises to appellants was negotiated through one Goetzman, a real estate agent. The trial court has found that Goetzman and Doetsch, the mortgagee, had been friends of many years standing, and that…