tender of performance

An offer by the obligor to perform a contract according to its terms and conditions. An offer of performance, one of the effects of which is to place the other party unjustifiably refusing it in default, and to permit the party making the tender to exercise his remedies for breach of contract. Walker v Houstin, 215 Cal 742, 12 P2d 952, 87 ALR 937. An offer by the vendor in a contract to sell real estate to convey in full compliance with the terms of the contract. 55 Am J1st V & P § 324. A presentation of goods by the seller to the purchaser under a contract of sale in the course of a delivery or attempted delivery of the goods. The word "tender," as used in connection with mutual and concurrent promises, does not mean the same kind of offer as when it is used in reference to the payment or offer to pay an ordinary debt due in money; it means only a readiness and willingness, accompanied with an ability on the part of one of the parties, to do the acts which the agreement requires him to perform, provided the other party will concurrently do the things which he is required by the contract to do, and a notice by the former to the latter of such readiness. Robins v Mack International Motor Truck Corp. 113 NJL 377, 174 A 551.