Court case(1843) 6 Man & G 593

The plaintiffs agreed to sell the defendant ten tons of linseed oil, to be delivered "within the last fourteen days of March" and paid for in cash at the end of that period. They tendered the oil at the defendant's premises at about 8.30 in the evening of Saturday 31 March, the last day. The defendant refused to accept or pay, saying the hour was unreasonably late. The plaintiffs sued for non-acceptance.

The Exchequer Chamber held the tender good. The goods were offered within the time fixed by the contract, and although the hour was late, the buyer still had enough time before midnight to examine and weigh the oil and take delivery. A tender is valid if it is made at such a time and in such circumstances that the other party has a reasonable opportunity of checking that it conforms to the contract. The plaintiffs recovered damages.