LANDAU et al. v. W. PA. NAT. BANK


445 Pa. 217 (1971)

Landau et al., Appellants, v. Western Pennsylvania National Bank. Western Pennsylvania National Bank v. Carroll et al., Appellants.

Supreme Court of Pennsylvania.

October 12, 1971.


Attorney(s) appearing for the Case

Thomas H. Welsh and Myron B. Markel, with them Metz, Cook, Hanna & Kelly, and Markel, Markel, Levenson & Schafer, for appellants.

Robert G. Sable, with him Robert N. Hackett, and Baskin, Boreman, Wilner, Sachs, Gondelman and Craig, for appellee.

Before BELL, C.J., JONES, EAGEN, O'BRIEN, ROBERTS, POMEROY and BARBIERI, JJ.


OPINION BY MR. JUSTICE ROBERTS, October 12, 1971:

On July 24, 1970, the Western Pennsylvania National Bank instituted mortgage foreclosure proceedings against Robert Carroll and Dan Jennings. Shortly thereafter, Western Pennsylvania and the Kroger Company, lessee of the mortgaged premises, entered into a subordination and attornment agreement whereby the former agreed to subordinate its prior mortgage to the latter's lease. On August 13, 1970, Walter Landau, Thomas...

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