Jose v. Aufderheide

On Motion for Rehearing.

The fact that defendant told plaintiff, Earl Jose, on April 29, 1925, that she would not give him possession because she had no place to which she could move her personal effects, did not dispense with tender on the part of plaintiff because it then appeared that a tender would have been unavailing. There had been no previous conduct on the part of defendant showing that such a tender would not have been accepted. [Defeo v. Goodwin, 287 S. W. 1075, 1078; 13 C. J. 661.]

The motion for a rehearing is overruled.