Colby v. Reed,
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99 U.S. 560 (1878)
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U.S. Supreme Court
Colby v. Reed, 99 U.S. 560 (1878)
Colby v. Reed
99 U.S. 560
1. Unless the contract so provides, the demand of one of the parties thereto that the other shall perform his agreement need not be in writing.
2. Where the amount to which the plaintiff is entitled is clear, an action by him for a breach of the contract will not be defeated solely on the ground that his demand upon the defendant was in excess of that amount.
3. In such an action, the court cannot, unless so authorized by statute, compel the plaintiff to accept, in mitigation of damages, when tendered to him by the defendant in open court, the property for the nondelivery of which the action was brought.
The facts are stated in the opinion of the Court.