BROWN, ADMR. ETC. v. Montgomery

The appellant’s intestate filed suit against appellee for possession of real estate and damages, and for cancellation of a contract by which appellant had agreed to sell certain real estate to appellee.

The lower court found for the appellee and by its judgment held and determined that the appellee, Claude Montgomery, had tendered to Hattie R. Brown, or her agent, Tull E. Brown, each monthly payment on such contract as it became due, and that the appellant had refused to accept said payment. The court also held that the appellee, after suit was filed, offered and tendered the full amount due…