Curtiss-Warner Corp. v. Thirkettle

This is a suit to forclose a purchase-money mortgage on which it is admitted there is an unpaid balance of $1,206.50, with interest, from October 24th, 1922. The defendants set up, by way of counter-claim, their right to an abatement — first, of the sum of $1,000, representing the increased price of the lot purchased on the basis of its being a corner lot, which it was not, and second, of the cost of construction of cement sidewalks and curbs the full length of the lot on the street, which the lot was supposed to abut, but did not.

The original mortgage was in the sum of $2,000, was given to…