Telcoe Credit Union v. Eackles

I disagree that the trial court should have granted a directed verdict in favor of Telcoe. I believe it was a fact question as to whether Telcoe had waived the requirement of a tender by making it clear, through its manager, Mrs. Sarah Mosely, that Telcoe would release Mrs. Eackles’ car only upon payment of the entire amount due, that is, the balance of the unsecured debt plus the$535.17 due on the debt secured by the automobile.

Mrs. Eackles testified that she offered to pay the $535 due on the car loan, but was told by Mrs. Mosely that she would have to pay both loans before the car would be…