Moynahan v. Moore

Martin Ch. J. :

The plaintiff employed the defendant to repair a carriage, and the defendant retained the carriage under a mechanic’s lien for the amount due him for making such repairs. To obtain possession of the property the plaintiff tendered, as the jury finds, sufficient to discharge the lien. This tender necessarily operated to release the property, and the plaintiff was entitled to immediate possession of it. That such would be the effect of an unconditional tender is not doubted; but as the tender in this case was made upon condition that the carriag’e should be delivered up, it is…