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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
BUSINESS TRANSACTIONS
(815 ILCS 170/) Tender Act. 815 ILCS 170/0.01
(815 ILCS 170/0.01) (from Ch. 135, par. 0.01)
Sec. 0.01.
Short title.
This Act may be cited as the
Tender Act.
(Source: P.A. 86-1324.)
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815 ILCS 170/1
(815 ILCS 170/1) (from Ch. 135, par. 1)
Sec. 1.
That when any note, bond, bill or other
instrument in writing is for the payment or delivery of personal property
other than money, and no particular place is specified therein for such
payment or delivery, the maker may tender such personal property on the day
of payment or delivery, at the place where the obligee or payee resided or
had his place of business at the time of the execution of the instrument.
If such personal property is too ponderous to be easily moved, or the
obligee or payee has not, at the time of the execution of such instrument,
a known place of residence or business in the county where the maker
resided, or had his place of business, then tender may be made at the place
where the maker resided or had his place of business at the time of the
execution of the instrument. A tender made in pursuance of this section
shall be equally valid, in case the instrument is assigned, as if no
assignment had been made.
(Source: R.S. 1874, p. 1054.)
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815 ILCS 170/2
(815 ILCS 170/2) (from Ch. 135, par. 2)
Sec. 2.
A legal tender of any such personal property shall discharge the
maker of any such instrument from all liability thereon; and the property
thus tendered shall be vested in the legal holder of the instrument, and he
may maintain an action for the recovery thereof, or for damages if the
possession be subsequently illegally withheld from him: Provided, however,
if any such property so tendered shall be of a perishable nature, or shall
require feeding or other sustentation, and the holder of such instrument be
absent at the time of the tender, it shall be lawful for the person making
the tender to preserve, feed and otherwise take care of the same, and he
shall have a lien on such tendered property for his reasonable trouble, and
the expense of feeding or sustaining such property, until payment be made,
for such trouble and expense.
(Source: R.S. 1874, p. 1054.)
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815 ILCS 170/3
(815 ILCS 170/3) (from Ch. 135, par. 3)
Sec. 3.
In all cases when a tender shall be made and full payment be
offered, by discount or otherwise, as the party by contract or agreement
ought to do, and the party to whom such tender shall be made doth refuse
the same, and yet afterwards will sue for the debt or goods so tendered,
the plaintiff shall not recover any costs in such suit.
(Source: R.S. 1874, p. 1054.)
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815 ILCS 170/4
(815 ILCS 170/4) (from Ch. 135, par. 4)
Sec. 4.
A tender may also be made after an action is brought upon any
contract, of the whole sum due thereon, with the legal costs of suit
incurred up to the time of tender.
(Source: R.S. 1874, p. 1054.)
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815 ILCS 170/5
(815 ILCS 170/5) (from Ch. 135, par. 5)
Sec. 5.
The tender last mentioned may be made either to the plaintiff or
his attorney in the suit, and the defendant may avail himself of it in
defense, in like manner as if it had been made before the commencement of
the action, bringing into court, if the tender is not accepted, the amount
so tendered for costs as well as for the debt or damages.
(Source: R.S. 1874, p. 1054.)
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