1. (1) Unless otherwise agreed tender of payment is a condition to the seller's duty to tender and complete any delivery.

2. (2) Tender of payment is sufficient when made by any means or in any manner current in the ordinary course of business unless the

   seller demands payment in legal tender and gives any extension of time reasonably necessary to procure it.

3. (3) Subject to the provisions of this act on the effect of an instrument on an obligation (Section 12A-

   3-310 ), payment by check is conditional and is defeated as between the parties by dishonor of the check on due presentment.

   Oklahoma Code Comment

4. (1) Previous Oklahoma law is in accord. Weaver v. Bashore, 97 Okl. 237, 223 P. 142 (1924).
5. (2) There are no previous Oklahoma decisions, but this is in accord with the great weight of authority.

6. (3) Previous Oklahoma law is in accord in part. Oklahoma has previously held payment by

   check to be conditional payment. Liberty National Bank of Weatherford v. Simpson, 187 Okl. 274, 102 P.2d 844 (1940). The Commercial Code provides that it is conditional as between the parties, thus incorporating the rule that a sale by purchaser passes title. See discussion under Section 2-403.

Laws 1961, SB 36, p. 91, §