Horvath v. Five Points National Bank of Miami

I am unable to agree that the plaintiffs’ failure to tender into the registry of the court the accrued interest and the principal payment, rendered the complaint fatally defective. I would distinguish Freitag upon the basis of the different allegations of the complaints in the two cases and upon the relief sought.

Nevertheless, I concur in the conclusion that the complaint in the instant case failed to state a cause of action and in the decision reached by the majority. My conclusion is based upon the principle that a parol contract, made at the time of or prior to the execution of a…