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COLLITON v. NEFF

No. 8885.

149 F.2d 293 (1945)

COLLITON et al. v. NEFF et al.

United States Court of Appeals District of Columbia.

Decided May 14, 1945.

Attorney(s) appearing for the Case

Mr. P. Michael Cook, of Washington, D. C., with whom Mr. L. Harold Sothoron, of Washington, D. C., was on the brief, for appellants.

Mr. T. Howard Duckett, of Washington, D. C., with whom Mr. Talbot Sinclair, of Washington, D. C., was on the brief for appellees.

Before GRONER, Chief Justice, and EDGERTON and ARNOLD, Associate Justices.

PER CURIAM.

Appellants, the makers of a note secured by a deed of trust, sued the holders to enjoin foreclosure of the deed. The complaint alleged that the parties had "compromised" the note by an agreement which appellants had offered and appellees had accepted. The express terms of appellants' offer, which appellees accepted on May 14, 1936, included two cash payments and a new note "to be dated May 15, 1936." Appellants insist that the mere making of the agreement...

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