CONTRACTS-TENDER-CHECK AS TENDER

Authors

George A. Rinker, University of Michigan Law SchoolFollow

Abstract

Plaintiff had paid $300 as down payment on a restaurant under contract of purchase from defendant. On the day specified in the contract for payment of the balance, plaintiff tendered to defendant a check drawn on the local bank and bearing the notation "OK G. R. P ." Defendant refused the check, saying he did not have to accept a check in payment, and that he did not know what the notation meant, even though plaintiff had told him it was placed there by the president of the local: bank, and meant that the check was good. Plaintiff recovered damages for breach of contract in the lower court. Defendant appealed. Held, tender of the check was a sufficient tender, and refusal to accept put defendant in default. The check showed on its face that it had been OK'd by the president of the bank. If it had turned out to be worthless, defendant would have had ample opportunity to protect himself. Lee v. Hendrickson, (Ky. 1946) 196 S.W. (2d) 880.

Recommended Citation

George A. Rinker, CONTRACTS-TENDER-CHECK AS TENDER, 45 Mich. L. Rev. 627 (1947).
Available at: https://repository.law.umich.edu/mlr/vol45/iss5/9