E. G. Senter v. Dixie Motor Coach Corp.

After further consideration, I am convinced that the evidence raised an issue as to whether or not the fire damage to the building could have been repaired “forthwith,” within the meaning of the lease contract, and, in view of appellee’s unequivocal renunciation of the lease contract, that appellant was not required to repair the building and. make tender of same to appellee, as a condition precedent to the right to maintain the suit; furthermore, I am of opinion that the failure of appellant to object to the court’s charge, directing the verdict, and his failure to request the submission of…