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was given and at the Polo Ralph Lauren Outlet time of the second payment of Interest. So far as material to our present discussion said exhibit reads:Dear Sir: Your note was presented to us today by the st Natl Bank we paid the interest up to May stThis pays for the first extension ofmonths. We note that Mr. Bangs North Face Outlet failed to indorse the . paid in Sept last; also failed Nike Free to enter themonth extension as agreed in our contract with you. We ore glad to record that the Lord still rains on Box Elder and that the Ralph Lauren Outlet Online McCain Land & Live Stock Co. is still solveut the requirement you made when agreeing to thesemo. extensions.On the day before the trial demand was made on counsel for plaintiff to produce the original of this letter. Plaintiff was a nonresident of the state and not present at The North Face Outlet Store the trial. His counsel stated that they had no such letter. One of the answering defendants testified that he found this exhibit in October in the letter file of his father in whose handwriting it was that his father was dead and that it was a copy of a letter addressed and written to plaintiff. The deceased was an officer of defendant corporation Nike Max Air 90 and it was his custom to keep copies of correspondence. There was no proof that the original of this letter was ever mailed Ralph Lauren Outlet to plaintiff.Plaintiff contends that no Nike Free Run proper foundation was laid upon which to base admitting this exhibit in evidence. We deem such contentlon sound. Furthermore this exhibit was absolutely immaterial. If our contract with you referred to the The North Face Outlet receipt above mentloned and respondent concedes it does it stated an untruth as such receipt contained no agreement for extension except through renewal. There Is no claim that any new consideration was received upon which a binding extension could be based. If there had been offered evidence that plaintiff had failed to answer this letter thus by silence admitting that an extension had been agreed upon or if an answering letter conceding that such was the agreement had been introduced In evidence there would be something upon which to base the claim that the word renewed in the receipt Nike Max Air was intended to be extended. For all that the evidence showed if such a letter was sent plaintiff he may have answered denying that he ever agreed to extend the North Face Outlet Store notethat Nike Shop he only agreed to a renewal. Without some evidence in relation to absence of answer or nature of answer the contents of such exhibit constituted absolutely no proof of an agreement for extension. The trial court fully and fairly instructed the jury as to the rights of sureties and how they might be released through an extension of time of payment granted their principal; Lut in regard to proof necessary to establish such an extension such court instructed:You are further instructed that if you believe the interest that accrued upon the promissory note in suit was paid by the McCain Land &Live Stock Company or any one representing that company such payment of interest of itself is the only evidence required to prove Nike Argentina that the time for payment of the said promissory note was extended.And in regard to consideration necessary to support an agreement for an extension such court instructed:If you believe that the plaintiff in this case extended the time for the payment of that note to a date a definite date from the time it became due paid the interest on it and allowed the McCain Land & Live Stock Company to pay the interest on it without any knowledge or consent of the sureties should you find that they are sureties I instruct you that that is a sufficient consideration for an extension of time if you find that the time was extended to a date certain.These Instructions are both so clearly erroneous that respondent makes no attempt to defend them only contending that the Instructions as a whole Polo Outlet Online were fair to appellant. There was no other Instruction covering the subjectmatter of this first instruction
