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It shall not hereafter be available to a party as an objection that no demand for the subject matter of a suit was made prior to its institution, unless it is expressly set up by way of defense in the answer or replication, and is also accompanied with a tender of the amount that is due; in which case, if the plaintiff will further prosecute his suit, and shall not recover a greater sum than is tendered, he shall pay all costs. This provision shall be applicable as well to actions for property as for money; when property is tendered the damages for its detention, if any, shall also be tendered.
Cite this article: FindLaw.com - Missouri Revised Statutes Title XXXV. Civil Procedure and Limitations § 509.410. Objection that no demand has been made not available, when - last updated January 01, 2018 | https://codes.findlaw.com/mo/title-xxxv-civil-procedure-and-limitations/mo-rev-st-509-410/
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