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.
The money must be actually produced and offered to the creditor unless this requirement is waived.1 What amounts to waiver is discussed elsewhere.2 Some statutes make a written offer to pay money equivalent to tender if not accepted. Such statutes have no application to cases where the party making the tender has neither the intent nor the ability to perform.3 Production of money is not always conclusive tender. Thus the debtor produced money and laid it on the table before the creditor without counting it before him or letting him count it, and asked an extension for another year, which was granted. This was not a sufficient tender.4