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 contract provides for the place of payment, tender may be made there even if the creditor is absent.1 If no place of payment is fixed by the contract, tender must be made to the creditor in order to stop interest.2 It is the duty of the debtor to find the creditor and make tender to him, and not the duty of the creditor to find the debtor and make demand for payment. The mere fact that a note is dated at a certain place does not make it payable there.3 So under a contract which provides for the delivery of chattels, tender should be made to the creditor at his residence or place of business, if the chattels are portable.4 If the creditor is absent from the state, the debtor is not obliged to make personal tender to him.5 If the articles are not portable, the general rule seems to be that the debtor must call upon the creditor to indicate at what place he elects to receive such articles, and if he indicates a reasonable place tender must be made there.6 So a vendee who has an option to avoid liability by redelivery does not make a valid tender by notifying the vendor that he holds subject to the vendor's orders.7 So a statement in a pleading filed by a minor seeking to avoid liability for a sale induced by an alleged concealment by him of the fact of infancy, that the goods are in his possession and that the vendors could " come and get them if they chose," is not a sufficient tender.8
12 Shuck v. Ry., 73 la. 333.
1 Patterson v. Cox, 25 Ind. 261.
2 Betterbee v. Davis, 3 Camp. 70; Cadman v. Lubbock, 5 D. & R. 289; Perkins v. Beck. 4 Cranch C. C. 68.
3 Barrett v. Ry., 81 Cal. 296; 15 Am. St. Rep. 61; 6 L. R. A. 336; 22 Pac. 859.
1 Aldrich v. Albee, 1 Me. 120; 10 Am. Dec. 45; Wiggin v. Wiggin, 43 N. H. 567; 80 Am. Dec. 102; Roberts v. Beatty, 2 P. & W. (Pa.) 6.3;
21 Am. Dec. 410; Deel v. Berry. 21 Tex. 463; 73 Am. Dec. 236. Con-tract to deliver goods. Barney v. Bliss, 1 D. Chip. (Vt.) 399; 12 Am. Dec. 696.
2 Galloway v. Smith, Litt. Sel. Cas. (Ky.) 132; McNair v. Moore. 55 S. C. 435; 73 Am. St. Rep. 760; 33 S. E. 491.
3 McNair v. Moore. 55 S. C. 435: 73 Am. St. Rep. 760; 33 S. 0. 491.
4Miles v. Roberts. 34 N. H. 245;