In Lichty v. Whitney (1947) 80 Cal.App.2d 696, the trustee under a first deed of trust foreclosed and sold the trust property to the beneficiary, despite the fact that the holder of the second deed of trust had tendered the full amount necessary to pay the debt which tender was refused. After the sale, the beneficiary contracted to sell the property to a third party. The trial court found against plaintiff, the holder of the second deed of trust. In reversing the judgment the appellate court held that the trustee had no power to sell and the sale was absolutely void. Significantly enough, in its reasoning the court stressed that: "As the tender released the security, the trustee's sale on June 30th was void and conveyed no title to Mrs. Whitney. Therefore she had nothing to agree to sell to the prospective purchaser. As she had nothing to sell her contract in escrow could not give the purchaser any equity in the property and such contract cannot defeat plaintiff's action nor affect his rights." ( Lichty v. Whitney, supra , 80 Cal.App.2d at p. 702.)