E. J. Struntz Planing Mill Co. v. Paget

Behearing denied January 17, 1928.

On Petition eor Rehearing.

(263 Pac. 389.)

COSHOW, J.

The defendant Paget has presented an earnest petition for rehearing npon this court’s holding that the Circuit Court erred in permitting him to withdraw $592 tendered by him to the plaintiff. He argues that Paget was a stranger to the contract and therefore could not make a lawful tender. In onr opinion Paget was not a stranger to the contract. It is true he was not a party thereto, but he had purchased the land and claimed to be the owner thereof. Based npon that claim he was permitted to intervene and make…