Goodwine v. Morey

The appellee alleges in his complaint that, he entered into a parol contract with the appellant, wherein-he agreed to sell the latter a tract of land; that part of the consideration was paid and possession of the land was taken: under the contract. It is not averred in the complaint that the appellee has any title to the land, or that his deed will convey any, and the averment as to the tender of the deed reads thus: “ That before the bringing of this suit the plaintiff executed and tendered to the defendant a good and sufficient deed of general warranty.” The prayer of the complaint is for a…