Tender

A formal offer; a proffer made in such manner as to bind the party although he refuses it. Also, such currency or money as may by law be offered in payment of debts. Tender may be applied to a proffer, either of money, or delivery of any thing, such as goods, &c., which have become due, or of services. It is most commonly used of money; but this is only because offer of money payment is most often drawn in question: chattels, services, almost any performance of an obligation, may be subject of tender. In order to a valid tender of money, the money must be actually produced, unless the creditor dispenses with the production of it at the time.

Thomas v. Evans, 10 East, 101.

The word ten-der imports not merely readiness and ability to pay the money, or to deliver the deed or the property in question, but also the actual production and offer of the thing.

Holmes v. Holmes, 12 Barb. 137.

The tender must also be made unconditionally. Much discussion has taken place in recent years, in the United States, upon the power of congress, under the constitution, to declare any thing except gold and silver legal tender, and upon the validity and effect of the enactments making treasury notes legal tender. The decisions upon this topic, and on other branches of the subject of tender, may be found in the U. S. Dig. tit.

Tender.

Tender, in pleading, is a plea by defendant that he has been always ready to pay the debt demanded, and before the commencement of the action tendered it to the plaintiff, and now brings it into court ready to be paid to him, &c. into court, such payment being, in fact, stated in the plea. The plea amounts to au admission of the cause of action, but stops the interest and costs. See Brown. Tender of amends. An offer by a person who has been guilty of any wrong or breach of contract to pay a sum of money by way of amends. IE a defendant in an action make tender of amends, and the plaintiff decline to accept it, the defendant may pay the money into court, and plead the payment into court as a satisfaction of the plaintiff's claim. Mozley ^ W. Tender of issue. If in the pleadings in an action the defendant trarerses or denies some allegation of fact put forward by the plaintiff in his declaration or other pleading, it is evident that a question is at once raised between the parties as to the existence or non-existence, truth or falsehood, of the fact to which the traverse or denying is directed. A question being thus raised, or, in other words, the parties having arrived at a specific point or matter, affirmed on the one side and denied on the other, the defendant (as the party traversing) is obliged to offer to refer this question to the proper mode of trial, which lie does by annexing to the traverse an appropriate formula indicative of such offer, and in so doing he is said to " tender issue." Where the question for trial is one of fact, the formula is simply as follows: "and of this the defendant puts himself upon the country," &c., meaning that, with regard to the question in issue, he throws himself upon a jury of his country. It must be observed, however, that other issues besides those of fact are frequently tendered. Brown. Tender of satisfaction. Is allowed to be made in most actions for money demands. It need not be made by the debtor personally to the creditor personally: it may be done through an authorized agent; and a tender to one of several joint creditors is sufficient. A tender must be absolute and unconditional; and the money must be actually produced at the time of the tender, unless that be dispensed with by the act of the creditor.

Wharton.