This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
If the creditor stands upon his rights and waives none of them he may insist upon the debtor's strict compliance with the elements of tender. Only the debtor, or his legal representative,1 can made a valid tender. The creditor may refuse a tender by a stranger, without incurring any legal liability,2
1 Root v. Bradley, 49 Mich. 27; 12 N. W. 896; Moore v. Norman, 43 Minn. 428; 19 Am. St. Eep. 247; 9 L. R. A. 55; 45 N. W. 857.
2 Jonathan Turner's Sons v. Machine Co.. 98 Tenn. 604; 38 L. R. A. 549; 41 S. W. 57.
3 Jonathan Turner's Sons v. Machine Co., 98 Tenn. 604; 38 L. R. A. 549; 41 S. W. 57.
1 McDougald v. Dougherty, 11 Ga. 570; Sharp v. Garesche, 90 Mo. App. 233.
2 Gibson v. Lyon, 115 U. S. 439; though if he accepts such payment or performance he is concluded thereby. An exception to this rule exists in cases where a person financially interested in the discharge of a debt,3 such as a surety4 or the owner of realty upon which such debt is a lien,5 as the owner of mortgaged premises,6 tenders payment of such debt. Such tender is valid.