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Tender

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

An offer of money; the act' by which one produces and offers to a person holding a claim or demand against him the amount of money which he considers and admits to be due, in satisfaction of such claim or demand, without any stipulation or condition. Salinas v. Ellis, 26 S. C. 337, 2 S. E. 121; Tompkins v. Batie, 11 Neb. 147, 7 N. W. 747, 38 Am. Rep. 361; Holmes v. Holmes, 12 Barb. (N. Y.) 144; Smith v. Lewis, 26 Conn. 119; Noyes v. Wyckoff, 114 N. Y. 204, 21 N. E. 158. Tender, in pleading, ls 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, etc. Brown.

Legal tender. That kind of coin, money, or circulating medium which the law compels a creditor to accept in payment of his debt, when tendered by the debtor in the right amount.

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. If 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 & Whitley.

Tender of issue. A form of words in a pleading, by which a party offers to refer the question raised upon it to the appropriate mode of decision. The common tender of an issue of fact by a defendant is expressed by the words, "and of this he puts himself upon the country." Steph. PL 54, 230.