BRYAN, Circuit Judge.
The appellee bank sued the appellant company to foreclose a vendor's lien on certain land. There was a balance past due on the purchase price of $10,000, represented by purchase-money notes, which provided for interest and 10 per cent. attorney's fee.
Before suit the company, claiming that it was entitled to $1,870.95, the balance of a trust fund which the bank had received, and for which it had failed to account, made a tender of approximately...
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