Colby v. Reed
Supreme Court of the United States
Error to the Circuit Court of the United States for the Eastern District of Wisconsin. The facts are stated in the opinion of the court.
1Opinion of the CourtJustice Clifford
Tender, when the demand is of money, for a definite sum or for an amount capable of being made certain, may at common law be made on--the very, day the money becomes due, but it will constitute a defence only when made before the action is brought. Chitty, Contr. (10th ed.) 732, 733 ; 2 Pars. Contr. (6th ed.) 148; 9 Bac. Abr., Tender D. 321; Suffolk Bank v. Worcester Bank, 5 Pick. (Mass.) 106; Pitcher v. Bailey, 8 East, 171; Briggs v. Calverly, 8 T. R. 629.
In actions of debt and, assumpsit the principle of the plea of tender is that the defendant has always been ready to perform the contract,…
2Cases cited5 opinions
- Yale v. SaundersSupreme Court of Vermont · 1844
- Hart v. SkinnerSupreme Court of Vermont · 1844
- Rutland & Washington Railroad v. Bank of MiddleburySupreme Court of Vermont · 1860
- Ashburn v. PoulterSupreme Court of Connecticut · 1869
- Call v. LothropSupreme Judicial Court of Maine · 1855
3Cited by35 opinions
- Campbell-Ewald Co. v. GomezSupreme Court of the United States · 2016
- Truth Seeker Co. v. DurningCourt of Appeals for the Second Circuit · 1945
- Owen v. WestonSupreme Court of New Hampshire · 1885
- Smith v. Gen Co. Corp.Appellate Court of Illinois · 1973
- State Ex Rel. Patterson v. WarrenMississippi Supreme Court · 1965
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