Dozier v. Shirley

Hall, Justice.

Appellant unsuccessfully sought specific performance of a release provision in a security deed, which required appellee (the seller) to release 20% of the property from the deed to secure debt at the time of closing. Nearly two years after closing, but before any default, appellant demanded a release under this provision. Appellee refused upon learning from appellant of an imminent default on a substantial interest payment. Appellant brought suit after this payment came due, but without paying or tendering payment of the interest. This case presents the same issue as Cochran v.…