Abrams v. Thompson (251 N.Y. 79, 1929)

Crane, J.

As the written agreement between the parties is the basis of this litigation, and as the construction of that agreement given by the courts below does not meet with our approval, it is necessary to set forth the instrument in full:

“ This Agreement, made this 25th day of January, 1924, between Wilmot P. Thompson and Mary Frances Thompson, his wife, of the Village of Goshen, N. Y., parties of the first part and Benjamin A. Abrams of Monticello, N. Y., party of the second part “ Witnesseth:

“ Whereas, the said parties of the first part are the owners of a coal and feed store property at Campbell Hall, N. Y., which they have this day sold and conveyed to the party of the second part for the agreed consideration of 135,000 upon which said second party is to make a purchase money mortgage of $20,000; and

“ Whereas, the said property seems to be subject to the lien of two certain mortgages made by the New York, Ontario