Monroe v. Chaldeck

Citations

• 78 Ill. 429

Syllabus

<p>1. Tender—flea of, admits the amount named therein to he due. Where a defendant pleads a tender of a certain amount to the plaintiff, he thereby admits that that amount is due, and he is estopped from denying it.</p> <p>2. And the plaintiff has the right to sign judgment on a plea of tender, to the amount alleged to have been tendered, if it has not been paid into court.</p> <p>3. Same—practice in ease of signing judgment. The correct practice, where a plaintiff elects to take the amount alleged to have been tendered, is, if the money is brought into court, to order it to be paid over to the plaintiff, and render judgment against him for costs; but if the money is not brought into court, the judgment should be against the defendant for the amount of the tender, and costs.</p>