Michigan Supreme Court, 1896

Emerson v. Kinne

Emerson v. Kinne
Michigan Supreme Court · Decided November 17, 1896 · Grant, Other
110 Mich. 678; 68 N.W. 982; 1896 Mich. LEXIS 784

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.

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