Forderer

after stating the case as above, delivered the opinion of the court.

Error is assigned to the instructions given by the court on the subject of the tender. In 2 Parsons on Contracts (9th Ed.) 639, it is said of a tender: “It need not be made by the defendant personally. If made by a third person at his request it is sufficient, and, if made by a stranger without his knowledge or request, it seems that a subsequent assent of the debtor would operate as a ratification and make the tender good.”

The language of the text is supported by reference to Harding v. Davies, 2 C. & P. 78, Read v. Goldring, 2 M. & S. 86, and Kinkaid v. Brunswick, 11 Me. 188 . In the case last cited the court said: “It is a well-settled principle of law that a tender may be made as well by an authorized agent as by the debtor himself; and it is also a plain *758 principle that a ratification of an act done without authority is equivalent to a previous authority. No authorities need be cited in support of either of these principles. Admitting that Snow was not authorized to make the tender, still his act in making it has been distinctly ratified and sanctioned by the school district in placing their defense…