Malak v. McGinnis

Gregory, Justice.

In January 1985 the appellant purchased approximately thirty-nine acres of land from the appellees. Appellant made a down payment on the property and executed a promissory note and deed to secure debt in favor of the appellees for the remainder of the purchase price. Under the terms of the promissory note the appellant was to make quarterly payments; such a payment was due on January 17, 1986. It is undisputed that on January 17, 1986 appellant mailed to appellees a check representing the amount due on this date, and that this check was erroneously dishonored by appellant’s…