Case v. Green
Supreme Court of Pennsylvania
ERROR to the common pleas of Susquehanna county. B. T. Case, plaintiff in error and plaintiff below against David Green and John Varrow. The plaintiff, to maintain the issue on his part gave in evidence this agreement.
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ERROR to the common pleas of Susquehanna county. B. T. Case, plaintiff in error and plaintiff below against David Green and John Varrow. The plaintiff, to maintain the issue on his part gave in evidence this agreement. “ Bridgewater, August 13, 1830. The undersigned do jointly and severally promise to pay to B. T. Case, Esq. the full amount due to said B. T. Case, on and by virtue of an execution now in the hands of Francis Perkins, against David Green and Obadiah Green, be the same more or less. Said demand to be paid in scythe snaths, (or sticks,) and rakes, (in the proportion of three…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
The case supposes that the payer attended at the day and place fixed by the agreement, and delivered or was ready to deliver the property in satisfaction of the debt; so that the question is, what effect this has on the-action? In general, a tender does not ex*264tinguish the demand. The only effect of it is to preclude any claim for interest; but still, in some eases, a tender by one party, to pay a debtor perform a duty, and the refusal of the other to accept thereof, amounts to a payment of the debt or a performance of the duty. Thus, if A.,…
2Cited by5 opinions
- Schaeffer v. ColdrenSupreme Court of Pennsylvania · 1912
- Dailey v. GreenSupreme Court of Pennsylvania · 1850
- Brown v. HillSupreme Court of Pennsylvania · 1924
- Boynton v. EmersonSuperior Court of New Hampshire · 1796
- Zinn v. RowleySupreme Court of Pennsylvania · 1846