| Ill. | Sep 15, 1871
delivered the opinion of the Court:
This suit was instituted upon a written contract tó deliver corn, and damages are claimed for its breach.
A plea of tender was interposed, averring a tender of money after the commencement of the suit, to which a demurrer was sustained.
The damages to be recovered were for a breach of the contract, and were unliquidated.
In such case this court has decided, in Cilley v Hawkins, 48. Ill. 309, that a plea of tender is not a good plea, either at common law or under our statute.
The demurrer was properly sustained, and the judgment is affirmed.
Judgment affirmed.