143 N.Y.S. 483 | N.Y. Sup. Ct. | 1913
The defendants seek to reduce the amount due upon the mortgage in this foreclosure case by reason of the failure of the mortgagee to carry out an oral agreement not contained in the written contract of sale. The mortgage is a purchase money mortgage given as part consideration for a deed of the property in question. The contract in writing entered into and executed by the grantor provided for. the conveyance of the property which the defendants had received by the subsequent deed and for the term of payment, etc.,
Judgment for plaintiff, with costs.