30 Vt. 577 | Vt. | 1858
The opinion of the court was delivered by
"We think no valid tender was made. It seems all that was done was that the defendant remarked to the plaintiff, as the latter was passing by him, “ I want to tender you this money before Mr. Dodge (at the same time holding in his hands thirty-five dollars and fifty cents), for labor you have done for me,” but the plaintiff kept along with his team, making no reply. The defendant named no sum which he wished to tender, nor the amount be held in his hands, although it appeared subsequently that he had
The judgment of the county court is reversed, and judgment for the plaintiff, for the sum reported by the auditors, and interest.