Hodgson v. Phippin

Bond, O. J.,

delivered the opinion of the Court.

The principal question is that of the meaning and effect of a tender and payment into court of part of an amount sued for, “in full satisfaction of the plaintiff’s demand.” Did those words constitute merely a statement of the defendant’s contention that this was the full amount due, and leave the plaintiffs free to withdraw the amount without affecting the remainder of their demand, or did the words., on the contrary, impose a condition that the amount tendered and paid in be accepted and withdrawn only in satisfaction of the whole demand? A…