Cullen v. Green

5 Del. 17

Opinion

The defendant pleaded a tender, and 'Mr. Bayard now moved to strike out the plea, because the money was not deposited; which the court ordered. But they said the defendant might deposit the money under Art. 6, Sec. 17, of the Oonstitution, though it would not avail under a plea of tender, which must aver that the defendant is and has always been ready, &c.