509.410. Objection that no demand has been made not available, when.
Objection that no demand has been made not available, when.
509.410. It shall not hereafter be available to a party asan objection that no demand for the subject matter of a suit wasmade prior to its institution, unless it is expressly set up byway of defense in the answer or replication, and is alsoaccompanied with a tender of the amount that is due; in whichcase, if the plaintiff will further prosecute his suit, and shallnot recover a greater sum than is tendered, he shall pay allcosts. This provision shall be applicable as well to actions forproperty as for money; when property is tendered the damages forits detention, if any, shall also be tendered.
(RSMo 1939 § 1426)Prior revisions: 1929 § 1262; 1919 § 1714; 1909 § 2283