Breed v. Hurd

Massachusetts Supreme Judicial Court

Breed v. Hurd

23 Mass. 356

CourtMassachusetts Supreme Judicial Court

DecidedMarch 15, 1828

StatusPublished

This text of 23 Mass. 356 (Breed v. Hurd) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Breed v. Hurd, 23 Mass. 356 (Mass. 1828).

Pincite

Opinion

Per Curiam.

To our surprise, there are cases very nearly like this, where the offer was held to be a valid tender ; as in Harding v. Davies, 2 Carr. & Payne, 77, where a woman stated “ that she had the money up stairs.” Here the witness said he could get the money in five minutes. We all think this was not a tender. The party must have the money about him, wherewith to make the tender, though it is not necessary to count it. We think there was not a tender here, even on the broad cases in England.¹

Defendant defaulted.

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Per Curiam.

To our surprise, there are cases very nearly like this, where the offer was held to be a valid tender ; as in Harding v. Davies, 2 Carr. & Payne, 77, where a woman stated “ that she had the money up stairs.” Here the witness said he could get the money in five minutes. We all think this was not a tender. The party must have the money about him, wherewith to make the tender, though it is not necessary to count it. We think there was not a tender here, even on the broad cases in England.¹

Defendant defaulted.

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Bluebook (online)

23 Mass. 356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/breed-v-hurd-mass-1828.