Tunnell v. Texas Real Estate Comm'n, 761 S.W.2d 123, 124 (Tex.App.-Dallas 1988, no writ); Texas Real Estate Comm'n v. Howard, 538 S.W.2d 429, 433 (Tex.Civ.App.-Houston [1st Dist.] 1976, writ ref'd n.r.e.). A lessor's contractual duty to notify by mail that did not specify that proper postage be affixed was not satisfied by a letter that actually arrived at the correct address, but with postage due of $0.50. Rosenthal v. Executive Car Leasing Co. of Houston, 435 S.W.2d 168, 169-70 (Tex.Civ.App.-Houston [1st Dist.] 1968, no writ.) In these cases, insufficient postage meant ineffective notice.
Where the debtor does not receive the writing alleged to constitute a "presentment," there is no presentment within the meaning of Article 2226. See Rosenthal v. Executive Car Leasing Co., 435 S.W.2d 168 (Tex.Civ.App.-Houston (1st Dist.) 1968, no writ). Appellant clearly was entitled to obtain a jury finding as to attorney's fees relative to the Georgetown claim; with equal clarity, however, he was not entitled to such a finding relative to the Hearne claim.
No Texas cases directly in point have been found. In Rosenthal Executive Car Leasing Co. of Houston, 435 S.W.2d 168 (Tex.Civ.App. — Houston (1st Dist.) 1968, no writ history), this court considered a contract which contained a provision requiring the lessor of an automobile to notify lessee of the amount of an appraisal of the leased automobile after it had been returned to the lessor which notice would constitute an offer by the lessor to sell the leased vehicle at the appraised price. The lease stated that the notification could be by mailing such notice to lessee at the address stated in the lease, 'or by any other method deemed by lessor to give actual notice to lessee.