Atkinson v. Adams

District Judge. In my opinion, this motion must be refused. The testimony already taken — which the parties have agreed to submit in order to obtain a decision whether the complainant is entitled to discovery — proves to my satisfaction that a proper legal tender was neither made nor waived on March 26, 1906. If this is correct, the present bill which asks for specific performance, or, in the alternative, for damages, has no sufficient ground, and discovery should be denied.