Summary
In Strong v. Blake, 46 Barb. 228, the rule is laid down that "In order to constitute a valid tender, it must be proved that there was a production of the money and an actual offer of it to the creditor; unless it be shown that the latter dispensed with it by some positive act or declaration."
Summary of this case from Link v. MackOpinion
No. 5084.
April 11, 1956.
Appeal from the United States District Court for the District of Massachusetts; Charles Edward Wyzanski, Jr., Judge.
George C. Strong, pro se.
Andrew A. Caffrey, Asst. U.S. Atty., Boston, Mass., with whom Anthony Julian, U.S. Atty., Boston, Mass., was on brief, for appellees.
Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.
The judgment of the District Court of December 14, 1955, and the order of that Court of January 13, 1956, denying motion for rehearing, are affirmed.