Canfield v. Conkling

The tender in this case was large enough to meet all that was actually due, unless the attorney fee mentioned in the mortgage was recoverable. We are satisfied the mortgagee never meant to accept a tender of any less, and he had done nothing which entitled him to this fee (if it was recoverable at all) under the rules laid down heretofore and especially in Myer v. Hart, 40 Mich., 517. He was bound to accept the tender, and complainant had made out a sufficient case for relief. But the question was one on which he might be mistaken without any serious fault, and we do not think it one where…