Bernstein v. Blumenthal

In August, 1926, the defendant was the holder of several mortg’ages given by one Geisinger on certain real estate located on Spring Street in the city of Portland. On the junior mortgage, the defendant had foreclosed, the period of redemption expiring April 9,1927.

The defendant, evidently assuming that the mortgagor might fail to redeem, authorized the plaintiff to procure a purchaser for the property when and if his title became absolute. A contract of sale negotiated by the plaintiff contained the following stipulation;

“It is further understood and agreed that in event that the owner of the…