Emerson v. Kinne ( 1896 )

Grant, J.

(after stating the facts). We think the circuit court was in error. The defendant did not tender the amount due upon the contract. A creditor is under no obligation to receive less than the amount that is due. Coots v. McConnell, 39 Mich. 748; 25 Am. & Eng. Enc. Law, 910; Clark, Cont. 641.

The judgment must be reversed, and the court below directed to give the plaintiff his costs.

The other Justices concurred.