Seligman v. Burg

This is a foreclosure action. The breach provoking it is the failure of defendants to pay $150 interest due on August 28, 1930, which breach, according to the plaintiffs, accelerated the due date of the principal of $5,000. The question *222is whether or not tenders, on October 15, 1930, and October 16, 1930, by defendant Burg of $151.50 (being the $150 interest due on August 28, 1930, plus interest thereon of $1.50 covering up to October twenty-eighth) barred the commencement of this action on October 20, 1930.

Plaintiffs assert that prior to the tender of October 15, 1930, they, on October 8,…