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MISSOURI STATUTES AND CODES

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

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