Hack v. Goldblatt

The defendants Goldblatt had defaulted on a mortgage held by the plaintiff. The plaintiff had begun a foreclosure action. The parties met and agreed to discontinue the action and excuse the default by the payment of the back interest, principal and the costs of the foreclosure. The interest, principal and part of the costs were accepted unconditionally by the plaintiff. There was no reservation of his right of election. He had previously called up his attorney by telephone and knew his legal rights. The transaction was complete and showed an intention to waive the default. All that remained…