If the promise of a party is to deliver on demand, the demand must be reasonable as to time, place, and manner; if the promise is to deliver at a certain time and place, a tender at the time and place is effective though the receiver is not present.
(Orig. Code 1863, § 2817; Code 1868, § 2825; Code 1873, § 2876; Code 1882, § 2876; Civil Code 1895, § 3730; Civil Code 1910, § 4324; Code 1933, § 20-1107.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 17 Am. Jur. 2d, Contracts, §§ 334, 356, 357, 359, 428, 499, 503, 508.
C.J.S.- 17A C.J.S., Contracts, §§ 456, 478 et seq., 503, 590, 630.
ALR.
- When instrument deemed payable at a "special place" within the provision of the Uniform Negotiable Instruments Law making ability and willingness to pay at such place equivalent to tender, 24 A.L.R. 1050.
Timeliness of notice of exercise of option to purchase realty, 87 A.L.R.3d 805.
ARTICLE 3 PAYMENT