Quinton v. Peck

Reid, Chief Justice.

The first special ground of the motion for new trial complains because the court failed to charge the jury on the subject of tender. The petitioners alleged that they had made a tender to the defendant of the amounts which he had expended on the property in question. In his answer the defendant denied this allegation. On the trial the petitioners introduced evidence to prove the tender as alleged, and this proof was not controverted by the defendant. We do not think that the plaintiffs may complain of such omission to charge on tender, under these circumstances. As a…