Morris v. Continental Insurance

1. Since a tender by the obligee in a bond for title to the obligor of the amount due upon a promissory note described'in the-bond is not in law good if coupled with a condition that the obligor shall execute and deliver to the obligee the conveyance which he, upon paying the note, is entitled to receive, it follows that equity will not, at the instance of the maker of the note, enjoin an action thereon by the payee, on the ground that the latter, upon being tendered, with such condition, the amount due on the note, failed or refused to execute and deliver such conveyance as that called for…