Contracts 9/2 Mutual Assent Petterson v. Pattberg, NY Court of Appeals, 1928 Facts : John Petterson owned real estate in Brooklyn. Defendant owned a bond executed by Petterson which was secured by a third mortgage upon the parcel. Defendant said he would reduce the amount owed if it was paid in cash by May 31, 1924. Plaintiff came to defendant’s house before this time with the money to pay off the mortgage; defendant refused payment, saying he had already sold the bond and mortgage to a third person. It then became necessary for Petterson to pay such person the full amount of the bond and mortgage. Petterson had also made a contract to sell the land to a third person. Procedure : trial court and appeals court found for Petterson; now NY’s highest court considers the case. Issue : if the offeree approaches the offeror with the intention of proffering performance and before actual tender is made, the offer is withdrawn, has a contract been formed?
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Petterson, John Petterson, Mutual Assent Petterson