The plaintiff was the assignee of a real estate mortgage. It seeks in this action to recover on a written extension of the mortgage signed by the original mortgagee and by the defendant.
The case was tried before a judge of the Superior Court sitting without a jury. It was agreed at the trial that the plaintiff had foreclosed the mortgage and that the balance due (that is, the difference between the principal sum of the mortgage, interest, taxes and foreclosure expenses, and the
The mortgage in question was given in 1919 by one Richards to the Boulevard Trust Company. Thereafter the defendant’s mother became the owner of the equity of redemption. Upon her death in 1925 the defendant and his three sisters became, by inheritance, the owners of the equity of redemption. In 1928 the mortgagee notified the defendant that it required an agreement extending the mortgage. A written agreement dated July 1, 1929, extending the mortgage for the period of three years, and containing the elements usually found in such extensions, was signed by the mortgagee, and by the defendant in the form, “M. Thomas Green, Agt.” At some time thereafter the mortgage was assigned to the plaintiff. It was agreed at the trial that the plaintiff thereby acquired any rights that the mortgagee had under the extension agreement.
The question here presented is whether the defendant, by signing the extension agreement in the manner in which he did, made himself personally liable thereunder. That question is to be decided from the language of the agreement, which is not ambiguous. Goodenough v. Thayer,
An examination of the language in the body of the extension agreement discloses nothing that relieves the defendant
The defendant’s exceptions here argued are to the refusal of the judge to give three requested rulings. They were to the effect that the plaintiff could not recover if the defendant disclosed to the officers of the mortgagee, or if they knew, that he did not intend to bind himself personally in signing the extension agreement; or if they knew or had reason to know, when the extension agreement was signed, that they were dealing with him merely as the representative of the mortgaged property and not individually; or if they knew that the defendant was not to be held personally. The defendant, subject to the exception of the plaintiff, introduced evidence which warranted the finding of some of the assumptions of fact in the requests. But the written agreement purports on its face to bind the defendant and appears to set out a complete contract of the parties. Parol evidence to contradict or vary its terms was not admissible. Goldband v. Commissioner of Banks,
The extension agreement bore seals, although seals were not necessary to its validity. Phillips v. Vorenberg,
Exceptions overruled.
