[DOWNLOAD] "Montuori v. Bailen Et Al." by Supreme Judicial Court of Massachusetts " eBook PDF Kindle ePub Free
eBook details
- Title: Montuori v. Bailen Et Al.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 01, 1935
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
LUMMUS, Justice. The evidence tended to show the following facts. The plaintiff had bought land and buildings subject to a first mortgage for $36,000 and a second mortgage, held by the defendant, for $29,000. There was a breach of the second mortgage in that taxes for the previous year were unpaid, when the plaintiff's agent and the defendant's attorney talked about the matter on February 26, 1929. Both had full authority. The attorney said in substance that so long as the rents should be accounted for at his office, the defendant would not take possession nor foreclose. The attorney drew a written agreement whereby 'in consideration of the waiver of the taking of possession of said premises the * * * hereby agrees with the * * * that she will account to the * * * for all rents promptly as when collected and that the failure so to do shall be deemed conclusively an unlawful withholding of said rentals.' This was signed by the plaintiff's agent, under the words 'witness my hand and seal,' and she paid $200 towards the interest, as a part of the transaction. Later, about March 1, 1929, the defendant, discussing that agreement with the plaintiff's agent, said, 'you fix the house better, more improvements, and spend a little money, and the rest of the money left on the rents you bring to the office of * * * [the attorney;] and I will not foreclose you.' The defendant later specified the repairs and improvements that he wished made. The plaintiff made them, to the defendant's knowledge, at a cost of $2,500, and also accounted fully to the attorney for all the rents. Notwithstanding all this, the defendant took possession to foreclose his mortgage on May 15, 1929, and caused the property to be sold to his daughter at a foreclosure sale under a power in the mortgage on June 1, 1929.