STEARNS v. FORMANT

No. 13669.

249 F.2d 527 (1957)

Philip STEARNS et al., Appellants, v. Dino FORMANT et al., T/a Formant Realty Co., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided November 7, 1957.


Attorney(s) appearing for the Case

Mr. Herman Miller, Washington, D. C., for appellants.

Mr. Leonard C. Collins, Washington, D. C., for appellees.

Before EDGERTON, Chief Judge, and WILBUR K. MILLER and BAZELON, Circuit Judges.


PER CURIAM.

A promissory note for $7,500, executed by one Louise Austin as a part of the purchase price of certain realty and secured by her deed of trust thereon, was assigned by the payee to Stearns, Platshon and Werner. They directed foreclosure when default in payment occurred. At the ensuing sale the pledged property brought only $1,000, which failed by far to cover the unpaid balance and the costs. Stearns and his associates then sued to recover the deficiency...

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