by John Marshall Harlan, Wesley v. Eells — Opinion of the Court
“ By the laws of South Carolina a tender in full of the amount due on a mortgage of real or personal property at any time when the mortgagor has the right to pay the same operates as a satisfaction and extinguishment of the lien of the mortgage, whether the amount be accepted or not, and whether the mortgagor keeps himself in a position to make good the tender or not. ”
by John Marshall Harlan, Wesley v. Eells — Opinion of the Court
“ We are of opinion that the plaintiff's title is not such as a court of equity should compel the defendant to accept. He should not have been compelled to accept it, even if the court below had been of opinion that the revenue bond scrip tendered by Alexander were not bills of credit. ”
by John Marshall Harlan, Wesley v. Eells — Opinion of the Court
“ Rep. 109, 111, this court said: 'Specific performance is not of absolute right. It rests entirely in judicial discretion, exercised, it is true, according to the settled principles of equity, and not arbitrarily or capriciously, yet always with reference to the facts of the particular case,' citing Willard v. ”
