Booth v. Saffold
Supreme Court of Georgia
Covenants. Tender. "Warranty. Before Judge Eobinson. Morgan Superior Court. March Term, 1872. Thomas P. Saffold brought assumpsit against Eobert N. Booth, and alleged that on November 25th, 1867, plaintiff and defendant entered into a written contract, by which plaintiff agreed to make to defendant a fee simple title to a certain house and lot in the town of Madison, in consideration of which said defendant agreed to pay to plaintiff $800 on January 1st, next thereafter, and…
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Covenants. Tender. "Warranty. Before Judge Eobinson. Morgan Superior Court. March Term, 1872. Thomas P. Saffold brought assumpsit against Eobert N. Booth, and alleged that on November 25th, 1867, plaintiff and defendant entered into a written contract, by which plaintiff agreed to make to defendant a fee simple title to a certain house and lot in the town of Madison, in consideration of which said defendant agreed to pay to plaintiff $800 on January 1st, next thereafter, and to give his note for $300, due December 25th, 1868; that after the making of thé said contract said defendant went into…
1Opinion of the Court
McCay, Judge.
It is clear to our minds that the written contract between these parties makes the payment of the $800 and the execution of the “fee simple” deed mutual covenants to be performed cotemporaneously. Saffold stipulates that he will make the deed, and the other stipulates that he will pay $800 “in cash” on the first of January then next, and give his note for the balance to be due at a future time. Evidently by the use of the words $800 in cash they meant something more than a mere agreement to pay that amount on the first of January then next. The word cash imports some absolute…
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