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 debtor may attach a condition to the tender requiring the creditor to perform some act which he would be in any event legally bound to do without affecting the sufficiency of the tender.1 Thus he may require the surrender of property which the creditor was holding under a lien to secure the debt of which tender was made,2 or the surrender of property pledged to secure such debt,3 or the release of a mortgage given to secure such debt,4 or the reconveyance of property conveyed by a deed,
Santee v. Santee, 64 Pa. St. 473. Contra, the place is the residence of the debtor. Grant v. Groshon, Hard. (Ky.) 85; 3 Am. Dec. 725; Chambers v. Winn, Sneed (Ky.) 166; 2 Am. Dec. 713.
5 Trimble v. Williamson, 49 Ala. 525; Angell v. Loomis, 97 Mich. 5; 55 N. W. 1008; Gill v. Bradley, 21 Minn. 15.
6 Mason v. Briggs, 16 Mass. 453; Currier v. Currier, 2 N. H. 75; 9 Am. Dec. 43; Sheldon v. Skinner, 4 Wend. (N. Y.) 525; 21 Am. Dec. 161.
7Langston v. Bitting, 96 Ga. 410; 23 S. E. 308.
8 Adam Both Grocery Co. v. Hopkins (Ky.), 29 S. W. 293; rehearing denied, 30 S. W. 405.
1 Lamb v. Jeffrey, 41 Mich. 719; 3 N. W. 204.
2 Johnson v. Cranage, 45 Mich. 14; 7 N. W. 188.
3 Loughborough v. McNevin, 74 Cal. 250; 5 Am. St. Bep. 435; 17 Pac. 69; Moynahan v. Moore, 9 Mich. 9; 77 Am. Dec. 468.
4 Saunders v. Frost, 5 Pick. (Mass.) 259; 16 Am. Dec. 394; Halpin v. Ins. Co., 118 N. Y. 165; 23 N. E. 482. Contra, Fields v. Danenhower. 65 Ark. 392; 43 L. B. A. 519; 46 S. W. 938. Contra, in Indiana on the theory that the payment of the note discharges the absolute on its face, but intended as a mortgage.5 A tender to one "who claims as assignee of a mortgage debt, but whose title is denied by the original mortgagee, may be coupled with demand for the production of a written assignment of such debt or a release of the mortgage by the original mortgagee without destroying its validity.6