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CHAPTER.21
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1993-03-21
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Money
Where a person is to perform an act, the money or thing to be
delivered must be tendered unconditionally. Storey v.
Krewson, 55 Ind 397; Coghlin v. So.Car.Car.R.Co., 32 Fed.Rep.
316; Chapin v. Chapin, 36 NERep 746.
An allegation that he tendered a certain sum in money, or lawful
money, is insufficient for the reason that money is a generic
term, including everything that circulates as money whether a
legal tender or not. Magrow v. McGlyn, 26 Cal 420. There is a
wide distinction between "lawful sum of money" and "legal
tender." Martin v. Bott, 46 NERep 151.