Buffington v. Sigler

Weltner, Justice.

1. Buffington sought to sell real property under a power of sale contained in a deed to secure debt. Sigler offered the highest bid, but rather than tender currency, cashier’s check, or certified check, he requested that Buffington receive his personal check. Through the lawyer who was conducting the sale, Buffington agreed to accept the check as tender, providing that it would be paid by the bank upon presentation. Thereafter, Sigler went to the office of Buffington’s lawyer to obtain the deed to the property, and the lawyer advised him that the check would not clear the…