Blackmore Inv. Co. v. Johnson

(after stating the facts). [1] The appellant contends, first, that there is no evidence to show that it defaulted in the payment of interest on the promissory note for the monthly period ending April 26, 1927, but that, on the contrary, the evidence shows that tender of the interest was made on May 6, 1927, which was within the ten-day period of grace allowed by the terms of the note. Upon the evidence, the court below may well have found that the appellant never made a valid offer or tender of that installment of interest. There was evidence that in the afternoon of May 6,1927, Marks, the attorney,for the Johnsons, refused to receive the check which was tendered by the appellant, and stated that “Mr. Johnson had had enough trouble with the appellant with documents and cheeks marked with interest payments and I do not propose that he will take any further cheeks from the Blaekmore Investment Company.” The appellant, on the same day, again tendered the check which had been rejected, and demanded a receipt showing advance payment for the month following April 26, 1927, instead of for the month ending on that date. The cheek was again rejected by the ap-pellees, and immediate,…