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.
A party to a contract can be compelled to assent to the modification of the terms thereof, without his consent; and accordingly the creditor can not be compelled to accept payment or performance before the time fixed by the contract. Accordingly, a tender before the time fixed for performance is inoperative.1 If the tender is of the principal and interest down to the date of the tender, it is clearly insufficient, since it is not only premature but since it does not include the amount to which the creditor is entitled.2 Even if the debtor tenders the principal with amount due down to maturity, the tender is insufficient since it is premature,3 although from the nature of the case the creditor, except under extraordinary circumstances, accepts such paymeni; and accordingly this question is rarely presented for judicial decision.4
14Powe v. Powe, 42 Ala. 113.
15 See Sec. 2501 et seq.
16 McDaniels v. Rutland Bank, 29 Vt. 230, 70 Am. Dec. 406.
1 Alabama. Caldwell v. Caldwell, 157 Ala. 110, 47 So. 268.
Connecticut. Abbe v. Goodwin, 7 Conn. 377.
Indiana. Bowen v. Julius, 141 Ind. 310, 40 N. E. 700.
Massachusetts. Saunders v. Frost, 22 Mass. (5 Pick.) 259, 16 Am. Dec. 304.
Nebraska. Moore v. Kime, 43 Neb. 617, 61 N. W. 736.
New York. Ellis v Craig, 7 Johns. Ch. (N. Y.) 7.
Oklahoma. Bell v. Riggs, 34 Okla.
834, 41 L. R. A. (N.S.) 1111, 127 Pac. 427.
This question was raised, but not decided, in Moore v. Cord, 14 Wis. 213.
2 Bell v. Riggs, 34 Okla. 834, 41 L. R. A. (N.S.) 1111, 127 Pac. 427.
See also, Graeme v. Adams, 64 Va. (23 Gratt.) 225, 14 Am. Rep. 130.
3 Brown v. Cole, 14 Sim. 427; Abbe v. Goodwin, 7 Conn. 377; Quynn v. Whetcroft, 3 Harris & McH. (Md ) 136. (Reversed, but ground of reversal not given.) Pyross v. Fraser, 82 8. Car. 408, 64 S. E. 407.
See also, Smiddy v. Grafton, 163 Cal. 16, 124 Pac. 433.
4 Pyross v. Fraser, 82 S. Car. 498, 64 S. E. 407.