Orlando Orange Groves Co. v. Davenport

HUTCHESON, Circuit Judge.

The suit was to enforce a partial release clause in a mortgage plaintiff had given in a purchase of land. The claim was that though by its payment of $25,000 plaintiff had become entitled to have 330 acres released, defendant had refused to release them. The defense was that by his conduct in not requesting a release when he paid the $25,000, and by his statements and conduct since, plaintiff had led defendant to believe that he had made the payment not to obtain a release, but as a general one, to better the security. That he having done so, and defendant having, at…