Dille v. White

(dissenting).- .-It is well to have clearly in mind the ultimate and controlling facts in solving the legal principles involved. Plaintiff had the option of taking the amount of his loan in “ check or draft,” or in “ money, check, or draft,” and he agreed to take it in two drafts. Pursuant to the agreement, he received the two cashier’s checks mentioned in the opinion. These he accepted without protest, and at no time has he ever complained that defendant did not give him the paper to which he was entitled. When he came to negotiate with the agent of the seller of the property this agent…