FRITCH v. BARNHILL

COSTS, § 15 — costs to defendant proper where tender of correct amount was made before suit. In action by plaintiff against broker to recover part of purchase price allegedly retained by broker for lands sold for plaintiff, where broker tendered portion of claim before suit and renewed tender in answer, which plaintiff refused, and upon trial, court found that sum tendered by defendant was correct amount due, held that upon entry of judgment for plaintiff, judgment for defendant for costs was proper (Ill. Rev. Stat. 1943, ch. 135, par. 3; Jones Ill. Stats. Ann. 107.311).

Opinion by JUSTICE STONE.

Not to be published in full. Opinion filed July 7, 1945; released for publication August 7, 1945.