A tender made as a basis for acquiring a concurrent right to an exchange due from the party to whom tender is made may be made conditional on the performance by the latter of his obligation;89 but a tender of performance of an absolute obligation of the debtor must be unconditional, since the debt itself is unconditional. Therefore, a condition that a payment shall be taken in full discharge or as a compromise of the debtor's obligation,90 or that the creditor shall give a receipt in full of all demands,91 or even a receipt for the money tendered,92 invalidates a tender. Objection by the creditor on this ground, however, must be made at the time in order to be effective.93 Moreover a debtor may, when making an absolute tender, protest that the amount claimed by the creditor and tendered by himself is excessive and thereby reserve a right to sue to recover a portion of what he tenders.94
89 See supra, Sec.Sec. 832-834.
90 Evans v. Judkins, 4 Camp. 156; Hough v. May, 4 A. & E. 954; Henwood v. Oliver, 1 Q. B. 409; Field v. Newport, etc., R. Co., 3 H. & N. 409; Mitchell v. King, 6 C. & P. 237; Hess v. Peck, 111 111. App. Ill; Martin v. Bott, 17 Ind. App. 444, 46 N. E. 151; Latham v. Hartford, 27 Kan. 249; Brown v. Gilmore, 8 Me. 107, 22 Am. Dec. 223; Moore v. Norman, 43 Minn. 428, 45 N. W. 857, 9 L. R. A. 55, 19 Am. St. Rep. 247, 52 Minn. 83, 53 N. W. 809, 18 L. R. A. 359, 38 Am. St. Rep. 526; Henderson v. Cass County, 107 Mo. 50, 18 S. W. 992; State v. Carson City Sav. Bank, 17 Nev. 146, 30 Pac. 703; Wood v. Hitchcock, 20 Wend. 47; Noyes v. Wyckoff, 114 N. Y. 204, 21 N. E. 158; Draper v. Hitt, 43 Vt. 439, 5 Am. Rep. 292; Elderkin v.