2 Miles 324 | Pennsylvania Court of Common Pleas, Philadelphia County | 1839
As to the first point made by defendant’s counsel, it is to be observed, that in effect, the non-enforcement by the
As to the second point, we need not determine whether the alleged new agreement to take part of the principal, is made out in fact or in law, by the averments in the affidavit of defence, whether the mortgagees gave any authority to their officer to make such an agreement, or whether that authority, if given, was by parol or otherwise. We may, for the purpose of the argument submitted, assume the making of the agreement. But what was it ? As alleged, it seems to have been an agreement to receive part of the principal before it was due, without waiving any rights which the mortgageesj had, under the sealed instrument, and what is entirely conclusive, the alleged agreement on the part of the mortgagors, was not carried into effect by them, before the suit was brought.
Rule absolute,