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Contracts Keyed to Kuney
Petterson v. Pattberg
Citation:248 N.Y. 86, 161 N.E. 428 (1928).
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
On April 4, 1924, Pattberg wrote to Petterson offering to release the mortgage against 5301 6th Ave., Brooklyn, N.Y. if the amount was paid in full (less $780) by May 31, 1924 and the regular quarterly payment was made when due on April 25, 1924. On April 25, Petterson paid Pattberg the installment payment due on that date. In late May, Petterson went to Pattberg’s home to pay off the mortgage. Pattberg refused to open the door and informed Petterson that he had sold the mortgage. Prior to this conversation, Petterson had sold the land to a third party provided it was free and clear of Pattberg’s mortgage. Therefore, Petterson had to pay the new mortgage holder the entire amount due on the mortgage in order to complete the sale on the property.
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