Maxwell v. Provident Mutual Life Insurance

Plaintiff purchased certain Beattie real property subject to a mortgage; that is, be did not assume payment of tbe mortgage debt. Plaintiff sold tbe property back to bis grantors on an installment sale contract. He made a written offer to pay $1,106.90, and delivered bis check therefor, to defendant mortgagee of tbe property in consideration of extension of time of certain payments until maturity of tbe mortgage four years later. Tbe mortgagee immediately cashed tbe check, and twenty-four days thereafter made a written counter-proposal, to which plaintiff never replied. Tbe time of payment of…