Columbia Weighing MacH. Co. v. Sevier-Webb Drug Co.

The defendant’s pleas 3 and 4 are bad, and the trial court erred in not sustaining the plaintiff’s demurrer thereto. The fact that the plaintiff may have directed the defendant to make the payments only to a local bank and when demanded by said bank was no excuse for a failure to pay when the demand by this suit was made. In other words, the failure of the bank to demand and collect the respective installments did not satisfy or cancel the debt or permit the defendant to defeat the recovery for same. The facts set up in these pleas, if accompanied by a tender, might affect the court cost or…