Hornblower, Weeks, Noyes & Trask, Inc. v. Reedy

HUMPHREYS, Justice.

Appellant appeals from a permanent injunction granted by the trial court against execution on an agreed judgment entered into by appellant and appellee in 1976. The issues are whether appellant’s notice of default sent by certified mail instead of regular mail as provided in the agreed judgment was proper and whether appellee made proper tender within the grace period. We hold as a matter of law that the notice by certified mail was sufficient and that a *434valid tender was not made. Consequently, we reverse and render.

The agreed judgment required appellee to pay appellant…