McPherson v. Hall

Citations

• 44 Ill. 264

Syllabus

<p>1. Tender—what insujjidenl as a tender—grain receipts. In an action to recover damages for failure to receive and pay for a quantity of oats, sold by the plaintiff to defendant, proof of the attendance of the plaintiff at the time and place agreed upon for their delivery, but in the absence of the purchaser, for the purpose of tendering warehouse receipts for the oats, is not a sufficient tender, without the further proof, that such receipts were genuine, and that the grain was not subject to charges.</p> <p>2. Same—madeto the purchaser personally—otherwise. But atender of the receipts to the defendant in person would have been good, if without objection, as the failure to object would impliedly admit, that the receipts honestly represented the property. But this inference cannot be drawn, in the absence of the purchaser.</p> <p>8. Instruction—to be reviewed—must be excepted to. Where instructions asked by a party have been refused, unless excepted to, this court will not review them. •</p>