Little v. Kennedy

On Motion for Rehearing.

Although appellee says he would not have accepted the tender nor used it if appellant had deposited the thousand dollars, the amount actually required to be paid for said year under the terms of the contract, to his credit in the bank, he still complains in his motion for rehearing because the tender was not actually made prior to its being made by appellant in the trial court. We believe the tender made by appellant in his pleadings and in open court met the requirements of the law in such cases according to the authorities last cited in the original opinion.

Appellee…