I would reverse the orders.
In my opinion the stipulation of the parties contemplated that each installment would be paid by check, as business debts are ordinarily paid. The acceleration clause in the agreement meant that there would be no acceleration if a collectible check was delivered on the due date. The acceleration clause in the judgment should have the same meaning as the underlying agreement. The creditor’s unilateral pronouncement on March 23 that he would accept only cash or a certified check was not operative to change the agreement or the judgment.
There is no dispute that the check tendered on April 15 was good. The tender was timely made and kept good by a deposit in a bank in the creditor’s name. The decision of the trial court benefits only a creditor whose purpose is to vex his debtor with an acceleration and further legal proceedings in preference to collecting what is due.
A petition for a rehearing was denied August 4, 1975. Files, J., was of the opinion that the petition should be granted. Appellant’s petition for a hearing by the Supreme Court was denied October 1, 1975. Mosk, J., was of the opinion that the petition should be granted.