In Denta Rama, Inc. v. Lavastone Industries of Central Tex., Inc., 597 S.W.2d 507 (Tex. Civ. App.--Dallas 1980, no writ), the appellant challenged the trial court's award of prejudgment interest and attorney's fees to the appellee on the basis that the appellee would have refused the appellant's tender. Id.
The appellant claimed there were mistakes in the appellee's invoice, so the appellant did not want to pay the appellee the full amount it demanded. Id.
The appellant argued it would have paid what it believed was due to the appellee, but the appellee would have refused the appellant's offer. Id.
To show that tender would have been refused, the appellant offered the testimony of the appellee's president and attorney regarding the appellee's insistence on payment of the entire amount it demanded. Id.
After reviewing the evidence, the court found the evidence insufficient to demonstrate that the appellee would have refused a tender. Id.