(dissenting).
I recognize that both parties tried to play too close to the border line, but think that the forfeiture was based more on technicalities than on real substantial violation of the contract. I do not agree that contract rights should be forfeited under the circumstances of this case.
I am in accord with the ideas expressed by Mr. Justice CROCKETT in regard to tender by check.
HENRIOD, J., having disqualified himself does not participate heréin. WORTHEN, J., not participating.