It has been said in England, that by a tender is meant, not merely that the debtor was once ready and willing to pay, but that he has always been so and still is; and that the effect of it will therefore be destroyed if the creditor can show a demand by him of the proper fulfilment of the contract, at the proper time, and a refusal by the debtor. (q) It is possible that a demand and not in fact tender all that is due; for if a debtor tenders a certain sum as all that is due, and the creditor receives it, under these circumstances it might compromise his rights in seeking to recover more; bnt if the same sum was tendered unconditionally, no such effect could follow. Sutton v. Hawkins, 8 C. & P. 259. The reason why a tender has so often been held invalid, when a receipt in full was demanded, seems not to have been merely because a receipt was asked for, but rather because a part was offered in full payment. See Cheminant v. Thornton, 2 C. & P. 50; Peacock v. Dickerson, 2 C. & P. 51, n.; Sandford v. Bulkley, 30 Conn. 344. It is believed that no case has gone so far as to hold that a tender would be bad because a receipt for the sum tendered was requested.

(mm) Wheelock v. Tanner, 39 N. Y. 481.

(n) Cole v. Blake, Peake, 179; Richardson v. Jackson, 8 M. & W, 298; Bull v. Parker, 2 Dowl. (n. s.) 345.

(nn) Foster v. Drew, 39 Vt. 51.

(o) Wade's case, 5 Rep. 114; Hallowell v. Howard, 13 Mass. 235; Moody v. Mahurin, 4 N. H. 296.

(p) This may be fairly inferred from the case of Warren v. Mains, 7 Johns. 476; and see Ball v. Stanley, 5 Yerg. 199; Wheeler v. Knaggs, 8 Ohio, 172; Brown v. Dysinger, 1 Rawle, 408; Snow v. Perry, 9 Pick. 542; Towson v. Havre-de-Grace Bank, 6 Harris & J. 53.

(q) Dixon v. Clark, 5 C. B. 365; and see Cotton v. Godwin, 7 M. & W. 147.

1 So a tender of money for certain logs, held under a lien, may be coupled with a demand for an order on the person in charge of the logs to make delivery. Johnson v. Cranage, 45 Mich. 14.

refusal may in some cases have the effect of annulling a tender, even if they take place before the tender was * made; although, as has been said, generally, if not universally, in this country, a tender is valid and effectual if made at any time after a debt is due; and a demand made after the tender, if for more than the sum tendered, will not avoid the tender. (r)

Any tender made may be refused, and, if left with the party against his will, it is ineffectual; but if it is so left, and when afterwards demanded by the tenderer is refused, it is then valid. (rr)