If the contract calls for a payment in money, tender must be made in such money as is legal tender. Coin which is legal tender is not deprived of that quality by being worn as long as it retains the appearance of a coin issued from the mint.1 Tender in bank notes,2 or by check,3 or a certified check,4 or a certificate of deposit,5 or by a "time check" tendered to an employe,6 or chattels,7 is insufficient tender of a dept payable in money if objection is made upon that ground. So if a debt is due to the state, tender cannot be made in state warrants which have no connection with the debt.8 It has been held that a bank must accept its own notes as payment, and hence that such a tender is good.9 A tender of the same kind of money as that borrowed, and the only kind in general circulation in that community, has been held sufficient.10 If the property tendered is not homogeneous, the exact property to be tendered must be selected by the debtor, and if he tenders a greater amount, leaving the creditor to make the selection required by the contract,11 the tender is insufficient. If the property is homogeneous, such as nuts12 or grain,13 tender of a larger amount than that provided for by contract, leaving the creditor to select the quantity specified, is sufficient. But cattle have been held not to be homogeneous within the meaning of this rule.14 In many cases even of homogeneous property,15 such as scrap iron,16 it has been held to be the duty of the debtor to separate the property to be tendered from the general mass.

Mahler v. Newbaur, 32 Cal. 168; 91 Am. Dec. 571; Sinclair v. Learned, 51 Mich. 335; 16 N. W. 672.

3 Kincaid v. School District, 11 Me. 188.

4 Hampshire Mfg. Bank v. Billings, 17 Pick. (Mass.) 87.

5 Noyes v. Wyckoff, 114 N. Y. 204; 21 N. E. 158.

6 Neldon v. Hoof, 55 N. J. Eq. 608; 38 Atl. 429.

1 King v. Finch, 60 Ind. 420; Fletcher v. Daugherty, 13 Neb. 224; 13 N. W. 206.

2 Flanigan v. Seelye, 53 Minn.

23; 55 N. W. 115; Carman v. Pultz, 21 N. Y. 547; Dawson v. Ewing, 16 S. & R. (Pa.) 371.

3 Hoyt v. Byrnes, 11 Me. 475; Mclniffe v. Wheelock, 1 Gray (Mass.) 600.

4 Smith v. Loan Association, 119 N. C. 257; 26 S. E. 40.

5 Salter v. Shove, 60 Minn. 483; 62 N. W. 1126.

6 Crawford v. Osmun, 94 Mich. 533; 54 N. W. 284.

7 Chipman v. Bates. 5 Vt. 143.

8 Hyde v. Heller, 10 Wash. 586; 39 Pac. 249.

1 Mobile St. Ry. v. Watters, 135 Ala. 227; 33 So. 42; Jersey City, etc., R. R. v. Morgan, 52 N. J. L. 60; 18 Atl. 904. And see for a more extreme case holding worn coin legal tender, Ruth v. Transit Co., 98 Mo. App. 1; 71 S. W. 1055.

2 Grigby v. Oakes, 2 B. & P. 526; Hallowell, etc., Bank v. Howard, 13 Mass. 235; Donaldson v. Benton, 4 Div. & B. (X. C.) 435.

3 Larsen v. Breene, 12 Colo. 480; 21 Pae. 498; Harding v. Loan Co., 84 111. 251; Collier v. White, 67 Miss. 133; 6 So. 618; Te Poel v. Shutt, 57 Neb. 592; 78 N. W. 288; Cady v. Case, 11 Wash. 124; 39 Pac. 375; Lewis v. Larson, 45 Wis. 353.

4 Thorne v. San Francisco, 4 Cal. 127; Larsen v. Breene, 12 Colo. 480; Barbour v. Hickey, 2 App. D. C. 207; 24 L. R. A. 763.

5 Dougherty v. Hughes, 3 Greene (la.) 92.

6 Burlington, etc., Department v.

White, 41 Neb. 547; 43 Am. St. Rep. 701; 59 N. W. 747, 751.

7 Wilson v. McVey, 83 Ind. 108.

8 People v. Miles, 56 Cal. 401; Kentucky Chair Co. v. ' Commonwealth, 105 Ky. 455; 49 S. W. 197; Raymond v. State, 54 Miss. 563; 28 Am. Rep. 382; Battle v. Thompson, 65 N. C. 406.

9 Northampton Bank v. Balliet, 8 W. & S. (Pa.) .311; 42 Am. Dec. 297. Contra, as to payment. Hallowell, etc., Bank v. Howard, 13 Mass. 235; Coxe v. Bank, 8 N. J. L. 172; 14 Am. Dec. 417.

10 King v. King, 90 Va. 177; 17 S. E. 894.

11 Clark v. Baker, 11 Met. (Mass.) 186; 45 Am. Dec. 199; Cronirger v. Crocker, 62 N. Y. 151.

12 Brownfield v. Johnson, 128 Pa. St. 254; 6 L. R. A. 48; 18 Atl. 543.

13 Armstrong v. Tait, 8 Ala. 635; 42 Am. Dec. 656; Hughes v. Prewitt, 5 Tex. 264.