READ MULLAN MOTOR CO. v. McATEE

No. 5813.

77 Ariz. 275 (1954)

270 P.2d 977

READ MULLAN MOTOR CO. v. McATEE.

Supreme Court of Arizona.

May 24, 1954.


Attorney(s) appearing for the Case

Jennings, Strouss, Salmon & Trask, by O.M. Trask, Phoenix, for appellant.

Evans, Hull, Kitchel & Jenckes, by Norman S. Hull and Earl Carroll, Phoenix, for appellee.


PHELPS, Chief Justice.

Appellee's motion for rehearing is granted to correct an error in the original opinion. In that opinion we treated the tender of a check for $2,000 by the Read Mullan Motor Company to McAtee on January 3, 1952, as a valid tender, which if correct, would have had the effect of relieving appellant of interest from the date of tender. Upon re-examination, we find our holding was error for the reason that under our interpretation of the proviso...

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