Walker v. American Agricultural Chemical Co.

Citations

• 83 Fla. 669
• 92 So. 287

Syllabus

<p>An alleged offer of a mortgagee to accept a less sum than the ■ , . mortgage indebtedness in full payment of the obligation, where it appears that the mortgage is a second mortgage upon the property, and an agreement to pay such.sum with tender of the amount in acceptance of such offer, may be such a benefit to the mortgagee and detriment to the mortgagor as to constitute a valid consideration for the agreement, and an averment of such agreement in an answer to a bill of foreclosure of such second mortgage cannot he said to be so irrelevant as to have no influence upon the final decision of the cause and is not, therefore, impertinent and subject to be stricken upon motion from the answer. ■</p>