Wiper v. Fawkes

Plaintiff appeals from a judgment for defendants, assigning error to the trial court’s conclusion that a tender of a corporate check was a valid tender of money under plaintiffs contract with defendants. Plaintiff argues that the check was not a valid tender because the contract required payment to be made in lawful money or tender of the United States. Defendants cross-appeal the trial court’s denial of their request for attorney fees. We affirm on appeal and reverse on cross-appeal.

We state the relevant facts. Defendant Max-Viz, Inc. (Max-Viz) needed a short-term loan, and plaintiff agreed…