HEIMSTADT v. TAPERED PARTS, INC.

Docket No. 22295.

155 Cal.App.2d 711 (1957)

318 P.2d 689

CLAYTON E. HEIMSTADT, Respondent, v. TAPERED PARTS, INC. (a Corporation), Appellant.

Court of Appeals of California, Second District, Division Three.

December 4, 1957.


Attorney(s) appearing for the Case

Nathan M. Dicker for Appellant.

Hanna & Morton and David A. Thomas for Respondent.


SHINN, P.J.

The present action was for the foreclosure of a chattel mortgage in which judgment of foreclosure was decreed. Defendant appeals from a portion of the judgment which it is claimed was in excess of the amount due. The contention is that a tender was made of the amount due which was sufficient to stop the running of the interest obligation and to save the defendant the costs of suit.

The note provided: "Should an attorney be employed to procure payment...

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