Tender is an offer to perform a condition or obligation coupled with the present ability of immediate performance, so that were it not for the refusal of cooperation by the party to whom tender is made, the condition or obligation would be immediately satisfied. As the condition or obligation in question may require for its performance either the payment of money or the transfer of property, tender may relate either to money or property. In the strict sense of the word, there can be no tender of any services or other performance which takes time. Tender of an unliquidated amount of money is also in the
59 Sioux City, etc., Mfg. Co. v. Mer-ten, 174 Iowa, 332, 156 N. W. 367, L. R. A. 1916 D. 1247; Crane Bros. Mfg. Co. v. Keck, 35 Neb. 683, 53 N. W. 606; Lee v. Storz Brewing Co., 75 Neb. 212, 106 N. W. 220. It does not clearly appear whether the Iowa court would reach the same result even though the debtor expressly directed an application unfavorable to the person furnishing the money. The
Nebraska court apparently would regard the direction as binding.
60 Irving v. Mutual Trust Co., 82 N. J. Eq. 629, 633, 90 Atl. 274, citing Wilcox v. Fairhaven Bank, 7 Allen, 270; Fall River Nat. Bank v. Slade, 153 Mass. 415, 26 N. E. 843, 12 L. R. A. 131. See also Hansen 0. Manley, 72 la. 48, 33 N. W. 357.
61 Young v. English, 7 Beav. 10: Johnson v. Thomas, 77 Ala. 367; Hicks strict sense impossible of performance, but by statute, in many States, one bound to pay an unliquidated amount may by offering a sum which is equal to or greater than the amount found due on subsequent liquidation, free himself from further liability for interest and costs.62