The instrument is not only an 'agreement', but it 'grants' an easement constituting a dominant estate in land. The law does not favor forfeitures and unless compelled to do so by language that will admit to no other construction forfeiture will not be decreed. Decker v. Kirlicks, 110 Tex. 90, 216 S.W. 385; Sirtex Oil Industries, Inc. v. Erigan, Tex., 403 S.W.2d 784; Golden Spread Oil v. American Petrofina Co. of Tex. (Tex.Civ.App., Amarillo) NRE, 431 S.W.2d 50; Skelly Oil Co. v. Kidd (Tex.Civ.App., Eastland) NRE, 417 S.W.2d 186. Plaintiff's rights under the January 4, 1963, agreement were not forfeited by the January 5, 1973, tender of the $1000.
The timely payments of the rentals to the depository bank were substantial and sufficient compliance with the terms of the lease. See also, Skelly Oil Company v. Kidd, 417 S.W.2d 186 (Tex.Civ.App. — Tyler 1967, writ ref'd n.r.e.); Carroll v. Roger Lacy, Inc., 402 S.W.2d 307 (Tex.Civ.App. — Tyler 1966, writ ref'd n.r.e.); Craddock v. Humble Oil Ref. Co., 234 S.W.2d 137 (Tex.Civ.App. — Fort Worth 1950, writ ref'd n.r.e.). Although the court properly found that the lease was in full force and effect, it nevertheless erred in dismissing plaintiff's suit.