Collier v. White

Citations

• 67 Miss. 133

Syllabus

<p>1. Tendee. Sufficiency. Offer of check.</p> <p>An offer to pay by check or draft is not a tender sufficient in law.</p> <p>2. Tendee Pending Suit. Costs.</p> <p>A tender after suit has begun must include all accrued costs, otherwise it will be insufficient and may be disregarded.</p> <p>3. Same. Refusal to accept. Costs.</p> <p>After refusing a valid tender, the plaintiff may still recover whatever he is entitled to under the evidence ; but if he fails to recover moj-e than the sum offered he is not entitled to costs accruing after the tender. Code 1830, § 1577.</p>