Orient Petroleum Co. v. Wichita State Bank & Trust Co.

BRYAN, Circuit Judge.

The appellee bank sued the appellant company to foreclose a vendor’s lien on certain land. There was a balance past due on the purchase price of $10,000, represented by purchase-money notes, which provided for interest and 10 per cent, attorney’s fee.

Before suit the company, claiming that it was entitled to $1,870.95, the balance of a trust fund which the bank had received, and for which it had failed to account, made a tender of approximately $8,150 in full settlement of the balance due on the notes, and after suit repeated the - tender by proper plea. The District…