Adolph Flake & Co. v. Nuse

Citations

• 51 Tex. 98

Syllabus

<p>1. Tender—Conditions.—A deed of trust was executed upon two lots to secure two notes. The lots were subsequently sold to different purchasers, each purchaser assuming payment of one note. The purchasers of one of the lots made a payment upon the note assumed by them, and obtained an extension of time for the remainder; after paying interest for awhile, they made a tender of the amount due on the note they had assumed, and demanded a release of the lot they had bought: Held, That a tender coupled with demand for a release of the lot, was insufficient, it not being shown that the other note was paid.</p> <p>2. Tender.—A tender upon condition which the payor has no right to demand, is not sufficient to stop interest.</p>