Ledford v. Atkins

413 S.W.2d 68 (1967)

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Nature of the Case

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Facts

Atkins (P) obtained a lease to oil property by assignment from Ledford to Kaplin to P. The lease required daily rentals to be paid on or before May 1, 1965, and that failure to make those payments would void the assignment. P contends that he was precluded from making the payment that was due on time in that he was severely ill and was comatose until April 14, 1965 and that as soon as he regained his senses he notified his limited partnership to pay the rentals on May 7, 1965, but the check ($2,778) was returned by Ledford (D) as it was late and the amount was erroneous. Another check ($3,182) was mailed by P on May 13 for the correct sum and appropriate interest. P claims that he had invested $250,000 in the leasehold and stands to lose that amount if the lease is forfeited. D filed a motion to dismiss. The trial court refused to make time of the essence in the payment of the lease and did not grant the summary judgment. D appealed.