
    John E. Baird, appellee, v. Union Mutual Life Insurance Company, appellant.
    Filed March 17, 1920.
    No. 20529.
    Tender. “A tender, in order to be effectual, must be absolute and unconditional.” Bchrandt v. Young, 62 Neb. 254.
    Appeal from the district court for Lancaster county: P. James Cosgrave, Judge.
    
      Judgment of reversal adhered to as modified.
    
    
      Hainér, Craft <& Lane, for appellant.
    
      TÁncoln Frost, contra.
    
   Per Curiam.

Motion to modify judgment. Former opinion reported in 103 Neb. 609.

Defendant tendered to plaintiff $3,112.20, and demanded a receipt in full and the execution of a formal release and return of a policy. In view of the decisions, the tender by defendant was conditional and was therefore vitiated. Schrandt v. Young, 62 Neb. 254; Wilkins v. Redding, 70 Neb. 182; Parker v. Supreme Tent, K. M. O. W., 191 Mo. App. 508; 38 Cyc. 154.

Our former judgment of reversal is therefore modified to permit a recovery of interest, costs and attorney’s fees by plaintiff. As modified herein, our former judgment of reversal is adhered to.

Judgment of Reversal Adhered to as Modified.  