Emerson v. Kinne

Michigan Supreme Court
Emerson v. Kinne, 110 Mich. 678 (Mich. 1896)
68 N.W. 982; 1896 Mich. LEXIS 784
Grant, Other

Emerson v. Kinne

Opinion of the Court

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.

Reference

Full Case Name
EMERSON v. KINNE
Status
Published