Wiggins v. Sheppard

The judge erred in directing a verdict for the plaintiff, as it was not demanded hy the evidence.

(а) There was sufficient evidence of a tender to submit that question to the jury. On the subject of the written contract the evidence showed that the debtor made to the creditor a conveyance and took a written contract allowing the debtor to “redeem” the property on payment of “ten per cent, per annum.” The plaintiff testified in chief that she tendered the proper amount due to the defendant, but on cross-examination admitted tendering only $300, without interest. This was not a sufficient tender…