Shaw v. Sears
Supreme Court of Kansas
Error from Miami County. Sears sued Shaw before a justice of the peace on an account amounting in all to $45.45, giving credit for cash $25.00, and claiming a balance due of $20.45. On the trial before the justice, Shaw demanded a jury, who returned a verdict that the plaintiff had no cause of action, whereupon the. plaintiff appealed to the District Court, when the case was again submitted to a jury, who returned a verdict for ten dollars balance in favor of the plaintiff.
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Error from Miami County. Sears sued Shaw before a justice of the peace on an account amounting in all to $45.45, giving credit for cash $25.00, and claiming a balance due of $20.45. On the trial before the justice, Shaw demanded a jury, who returned a verdict that the plaintiff had no cause of action, whereupon the. plaintiff appealed to the District Court, when the case was again submitted to a jury, who returned a verdict for ten dollars balance in favor of the plaintiff. Defendant brings the case, here by petition in error, on the ground that the court erred in refusing to give the…
1Opinion of the Court
By the Court,
Bailey, J.
On the question presented by the record in this case, we think there can be but little difficulty.
The instructions prayed for claim for the party making the tender the right to malte' conditions in regard to it, and deny to the party accepting, the right to prescribe the conditions of his acceptance, while the whole tenor of the authorities, as we read them, is to the effect that a tender to be valid must be without conditions absolute. Thus in Greenleaf on Evidence, vol. 2, sec. 605, it is laid down that “it must 'also appear that the tender was absolute, for if it be…
2Cited by3 opinions
- Latham v. HartfordSupreme Court of Kansas · 1882
- Anderson v. Uncle Sam Oil Co.Supreme Court of Kansas · 1920
- Cutler v. First National BankSupreme Court of Kansas · 1923