ASSUMPTION

The act or agreement of a uming or taking upon one's self; the undertaking or adoption of a debt or obligation primarily resting upon another, as where the purchaser of real estate "a umes" a mortgage resting upon it, in which case he adopts C the mortgage debt as his own and becomes personally liable for its payment.• E)ggleston v. Morrison, 84 Ill. App. 631; wcke v. Homer, 131 Ma . 93, 41 Am. Rep. 199; Springer v. De Wolf, 194 Ill. 218, 62 N. E. 542, 56 L. D R. A. 465, 88 Am. St. Rep. 155; Lenz v. Railroad Co., 111 Wis. 198, 86 N. W. 607. The difference between the purchaser of land a uming a mortgage on it and simply buying subject to the mortgage, is that in the former case be makes himself personally liable for the E pay!Ilent ot the mortgage debt, while in the!at ter case he does not. Hancock v. Fleming, 103 Ind. 533, 3 N. E. 254; Braman v. Dowse; 12 Cush. (Ma .) 227. · Where one "a umes" a lease, he takes to himself the obligations, contracts, agreef ments, and benefits to which the other contracting party was entitled under the terms of the lease. Oincinnati, etc~ R. Co. v. Indi- ·ana, etc., R. Co., 44 Ohio St. 287, 314, 7 N. E. 152. -A umption of risk. A term or condition 6 in a contract of employment, either expre or implied from the circumstances of the employment, by which the employ6 agrees that dangers of injury ordinarily or obviously incident to the discharge of his duty in the particular emp!oyn;ient shall be at his own risk. Narramore v. H Railway Co., 96 Fed. 301, 31 C. O. A. 499, 48 L. R. A. 68; Faulkner v. Mining Co., 23 Utah, 437, 66 ~ac. 799; Railroad Co. v. Touhey, 67, Ark. 209, 54 S. W. 577, 77 Am.,St. Rep. 109; Bodie v. Railway Co., 61 S. C. 468, 39 S. E. 715; Martin v. Railroad Oo., 118 Iowa, 148, 91 N. w. 1004, 59 L. R. A. 698, 96.Am. St. Rep. I 37L [s. 105]