Evans Furniture Co. v. Meyers

For a full statement of .the facts in this ease, reference is here made to Evans Furniture Co. v. Meyers, 16 Ala. App. 268, 77 South. 418, where this court held that:

“Where there had been a modification lowering the amount of monthly rentals under a lease, and the lessor notified lessee that he would not accept such lower installment, the lessee was thereby relieved from making a tender thereof to prevent a forfeiture of the lease.”

On the trial, from the judgment of which this appeal is taken, plaintiff requested the court in writing to instruct the jury as follows:(1) The court charges the…