Rendine v. Catoia, 7022.

• Citation: 158 A. 712
• Decision Date: 29 January 1932
• Docket Number: No. 7022.,7022.
• Parties: RENDINE et ux. v. CATOIA et ux.
• Court: United States State Supreme Court of Rhode Island

158 A. 712

RENDINE et ux.

v. CATOIA et ux.

No. 7022.

Supreme Court of Rhode Island.

Jan. 29, 1932.

Exceptions from Superior Court, Providence and Bristol Counties; G. Frederick Frost, Judge.

Action by Pasquale Rendine and wife against Nicola Catoia and wife. On plaintiffs' exception to ruling granting defendants' motion for a nonsuit.

Plaintiffs' exception sustained, and case remitted to the superior court for a new trial.

Pettine, Godfrey & Cambio, of Providence, for plaintiffs.

William H. McSoley, of Providence, for defendants.

MURDOCH, J.

This is an action in assumpsit to recover damages for breach of contract. The case is here on plaintiffs' exception to a ruling of the trial justice granting defendants' motion for a nonsuit. In June, 1929, the parties entered into a written contract, the relevant parts of which are as follows:

"This agreement made and entered into by and between Pasquale Rendine and wife, Maria Rendine, parties of the first part, and Nicola Catoia and wife, Filomena Catoia, parties of the second part.'

"Witnesseth: The parties of the first part agree to sell and convey to the parties of the second part that lot of land with improvements thereon, situated in the City of Providence at the southwest corner of Manton Avenue and Pelham Street, consisting of a lot of land of about three thousand sixty (3060) square feet, buildings on said premises being numbered 210-212-214-216 on said Manton Avenue.

"Said premises will be sold subject to a mortgage or mortgages of record to the amount of seventeen thousand ($17,000) Dollars which the said parties of the second part assume upon themselves and agree to pay.

"And for such conveyance, the parties of the second part will convey to the parties of the first part, all that lot of land with improvements thereon, situated in the said Providence at the southeasterly corner of Acorn and Spruce Streets, consisting of about thirty-three hundred ninety-two (3392) square feet, the buildings on said premises being numbered 124 on said Acorn Street and 118 on said Spruce Street.

"Said premises are subject to mortgages of record to the amount of eighteen thousand ($18,000) Dollars which the said parties of the first part assume upon themselves and agree to pay.

"And for a further consideration for conveyance by said Catoia and wife to said Rendine and wife, the said Rendine and wife will pay the sum of thirty-nine hundred ($3900) Dollars in cash."

Pursuant to the above agreement, the parties made the conveyances as provided therein, and the plaintiffs paid to defendants $3,900. The mortgage indebtedness on the property conveyed to the defendants consisted of a first and second mortgage. The note accompanying the second mortgage is dated June 1, 1927, bears interest at the rate of 8 per cent. per annum, and is payable in five years from its date.

The defendants did not pay the interest...