McPherson v. Storch
Supreme Court of Kansas
Error from, Atohison District Court. The opinion states the case. The principal question in this case is the question of tender. This claimed tender was insufficient — 1. Because it was conditional, and depending upon whether the court on the final trial found the defendants to be liable in any sum; and upon condition that plaintiff would execute a deed of release, “clear and free from all incumbrances,” up to one month after the same was conveyed to Mills.
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Error from, Atohison District Court. The opinion states the case. The principal question in this case is the question of tender. This claimed tender was insufficient — 1. Because it was conditional, and depending upon whether the court on the final trial found the defendants to be liable in any sum; and upon condition that plaintiff would execute a deed of release, “clear and free from all incumbrances,” up to one month after the same was conveyed to Mills. A tender with such a condition is not a tender in law that stops the running of interest. A tender in law must be without conditions.…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
On March 10, 1887, George H. McPherson sold a tract of land adjoining the city of Atchison to P. D. Mills for the consideration of $6,800. Two hundred dollars of the purchase-price was paid on that day, and on March 21, 1887, a further sum of $2,066.66 was paid, at which time McPherson executed a conveyance of the land to Mills, and Mills and wife in turn executed a mortgage thereon to secure the balance of the purchase-price, $4,533.34. On April 19, 1887, Mills, by two separate deeds, conveyed to each of the *319defendants Storch and Parker…
2Cases cited1 opinion
- Ex parte PointerSupreme Court of Kansas · 1872
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