CONFLICT OF LAWS - CONTRACTS - PUBLIC POLICY

Authors

Abstract

The decedent, in Florida, became the grantee of Florida land by a deed which recited that it was made subject to a mortgage held by one Key, in the sum of $9,000, securing a note for that amount. The deed stipulated that "the grantee herein assumes and agrees to pay the above mortgage and notes." By Florida law the grantee was effectually bound by such a clause. Upon the death of the grantee, Key entered a claim against the estate in Pennsylvania. The lower court disallowed the claim on the basis of a Pennsylvania statute which held a grantee of mortgaged real estate not personally liable unless he had expressly assumed, in writing, such liability. Held, on appeal, that the law of the place of making and of performance should govern when it is not opposed to the public policy of the forum. In re McCurdy's Estate (Pa. 1931) 154 Atl. 707.

Recommended Citation

CONFLICT OF LAWS - CONTRACTS - PUBLIC POLICY, 30 Mich. L. Rev. 460 (1932).
Available at: https://repository.law.umich.edu/mlr/vol30/iss3/19