Chandler v. Wright

Citations

• 16 Fla. 510

Syllabus

<p>1. Pending the consummation of a sale of land an injunction restraining it was served on the parties, at the suit of a third person ; afterwards, by an arrangement by stipulation of the parties, including the plaintiff in the injunction suit, a conveyance of the land was made and the consideration secured by notes and mortgage payable at a day certain, one note without interest and others with interest, which notes and mortgage were deposited with a party in trust, subject to the determination and decree of the court in the injunction suit: Held, That the injunction was waived and did not attach to the notes and mortgage, and did not relieve the maker of the notes from the payment of. interest thereon after maturity, and he was not restrained by the injunction, or by the arrangement, from paying or tendering the money to the holder when due, according to the legal effect of his-promise.</p> <p>2. A tender of a sum less than the amount due upon the note is of no avail.</p>