Goodenow v. Curtis

Campbell, J:

This is the third litigation in this court arising out of the sale of certain hotel premises in Albion. The present controversy arises out of an attempt to foreclose a purchase money mortgage, which Goodenow claims should be restrained; first, because a condition precedent remains unperformed, and second, because of an alleged alteration in the note secured by the mortgage. The decision in the court below was in favor of Curtis on the main issue, and is appealed from by Goodenow.

The condition referred to arose out of an apparent defect in- the title. Two thousand dollars of the…