Texas Auto Co. v. Clark

I fully concur in the disposition made of this case, and in all that is said in the opinion of Chief Justice GALLAGHER, except the holding to the effect that the tender made by appellee discharged the mortgage lien. The first discussion by our appellate courts of the question here involved was in Poff v. Miller, 235 S. W. 570, in which the Commission of Appeals said: “We are not prepared to say that the tender of payment in the instant case actually discharged the lien in the mortgage. We do not pass upon that point, as it is not necessary to a decision of this case. * * * But we are willing…