Opinion
Term No. 45F6. (Abstract of Decision.)
Opinion filed July 7, 1945 Released for publication August 7, 1945
COSTS, § 15 — costs to defendant proper where tender of correct amount was made before suit. In action by plaintiff against broker to recover part of purchase price allegedly retained by broker for lands sold for plaintiff, where broker tendered portion of claim before suit and renewed tender in answer, which plaintiff refused, and upon trial, court found that sum tendered by defendant was correct amount due, held that upon entry of judgment for plaintiff, judgment for defendant for costs was proper (Ill. Rev. Stat. 1943, ch. 135, par. 3; Jones Ill. Stats. Ann. 107.311).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Saline county; the Hon. H.A. SPANN, Judge, presiding.
Affirmed. Heard in this court at the May term, 1945.
Chas. Durfee and L.M. Hancock, for appellant;
H.N. Finney, for appellee;
Alpheus Gustin, of counsel.
Not to be published in full. Opinion filed July 7, 1945; released for publication August 7, 1945.