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ROSENBERG v. ROLLING INN, INC.

[No. 132, October Term, 1956.]

212 Md. 552 (1957)

129 A.2d 924

ROSENBERG ET AL. v. ROLLING INN, INC.

Court of Appeals of Maryland.

Decided March 15, 1957.

Attorney(s) appearing for the Case

Arnold Fleischmann, with whom were Edward Azrael, A. Frederick Taylor and Smalkin, Hessian, Martin & Taylor on the brief, for the appellants.

Submitted on brief by Johnson Bowie for the appellee.

The cause was argued before BRUNE, C.J., and COLLINS, HENDERSON, HAMMOND and PRESCOTT, JJ.

HAMMOND, J., delivered the opinion of the Court.

Suit below was by the mortgagees, the appellants, for the balance due on an unrecorded mortgage which had been assumed by the corporate appellee when it purchased the business and assets of the original mortgagors. The trial court found that the undertaking was to answer for the "debt, default, or miscarriage of another" and because there was no written evidence of the agreement...

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