Muldoon v. Hostuttler

'¿This /aetslon wias- commenced by the defendant in error to foreclose a real estafe mortgage securing a promissory note for the principal sum of $1,600.

The defendant contends that the trial coirrt erred in failing to find that the defendant had made a valid tender prior to the filing of this suit. The amount tendered by the lefendant was $1,030, and, according to the judgmfent rendered by the trial court, lacked several hundred dollars of being enough to pay the amount due the plaintiff. The defendant contends-, however, that the amount due was within the exclusive knowledge of the plaintiff…