Massachusetts Supreme Judicial Court July 25, 1879 (Stickney v. Evans)

Colt, J.

The plaintiff took from Olmstead a second mortgage containing a power of sale, as security for money then lent by the plaintiff to him. At the same time the defendant, by a written agreement reciting the transaction between the plaintiff and Olmstead, promised the plaintiff, in substance, that he would *203purchase the property mortgaged, and pay the amount due on the plaintiff’s