Brinton v. Haight

The Haights (defendants) bought property from the Brintons (plaintiffs) partly via a promissory note requiring installment payments, and on November 9, 1990, presented the escrow agent a check for the full payoff balance while requesting immediate delivery of the deed; when the agent couldn't immediately produce the deed, the Haights took back the check. Days later, a dispute arose over a $28 "reconveyance fee" the Haights hadn't known about until after the check was returned, and the Haights refused to pay it and made no further note payments; the Brintons sued for the balance plus interest accruing after November 9, and the trial court awarded interest through judgment despite the Haights' argument that their November 9 tender should have stopped interest from accruing.