146 Mass. 296 | Mass. | 1888
The defendant took from the plaintiff the assignment of the second mortgage, of the face value of $350, subject to a pri'or mortgage of $2,500 upon the same chattels, for Avhich he paid to the plaintiff $150 in money, and gave to him the written agreement declared on, by which he promised to pay to the plaintiff “ one half of the amount collected on said mortgage over and above $150”; that is, “ one half of the excess over $150 collected on said mortgage by me or my assigns.” The defendant now contends that he is only bound to pay one half of
Exceptions overruled.