for performance, or if no provisions is made, then at the place determined by law. There are special rules in regard to negotiable paper,78 in regard to the transfer of chattel property,79 and in regard to the payment of rent by a tenant of real estate;80 but apart from such special rules the general principle of common law is that the debtor must seek the creditor and make tender to him wherever he is found;81 and even without reference to this principle, the creditor's place of residence at the time when the contract was made will often be deemed by fair implication of fact the place of performance contracted for.82 In bilateral contracts each party is both a debtor and a creditor, and where the performance is due concurrently from each,83 it follows that either party wishing to put the other in default must seek him in order to make tender, unless the contract, custom or rule of law prescribes a place where both performances are to be made.84
78 See supra, Sec.1166.
79 See supra, Sec. 956.
80" A tenant has to the last minute of the day to pay rent; if he tenders it to the lessor on the land, if he pays it before midnight, he is not liable to distress. As rent is issuing out of land, and is payable there, it is competent for the tenant to protect himself, by being ready on the land, at the door of the mansion house, or any place where it is convenient for the rent to be accounted for." Startup v. Macdonald, 12 L. J. Exch. 477, 483; Chapman v. Harney, 100 Mass. 353.
81 Startup v. Macdonald, 12 L. J. Exch. 477; Cranley v. Hillary, 2 M. & S.
120; Borah v. Curry, 12 111. 66; Taylor v. Meek, 4 Blackf. 388; Morey v. Enke, 5 Minn. 392; Bates v. Bates, Walk. (Miss.) 401, 12 Am. Dec. 572; Miles v. Roberts, 34 N. H. 245; Hunter v. Le-Conte, 6 Cow. 728; LaFarge v. Rickert, 5 Wend. 187, 21 Am. Dec. 209; Wagers v. Dickey, 17 Ohio, 439, 49 Am. Dec. 467; Berley v;. Columbia, etc., R. Co., 82 S. Car. 232, 64 S. E. 397; Jones v. Main Island Creek Coal Co. (W. Va.), 99 S. E. 462.
82 Borah v. Curry, 12 111. 66; Barker v. Jones, 8 N. H. 413.
83 See supra, Sec. 835.
84 See supra, Sec. 836.