Haase v. Blank

Appellants’ counsel contend that plaintiffs did not elect to declare the principal due; that due notice was not given before suit was brought; that the payment of $50 into court was made within a reasonable time; and that the plaintiffs, by reason of their actions and statements, are estopped to maintain foreclosure proceedings.

It is undisputed that the written notice served on defendant McClyman by plaintiff Mielke on March 21st declared in unmistakable terms that plaintiffs did thereby “exercise the option given them in said mortgage” and did “declare the whole amount of said mortgage,…