Baxter v. Aubrey

Aubrey sued Baxter to recover the purchase price of lands sold to him by executory contracts, and which by the terms of the contracts were to be paid for in annual instalments. The instalments were all due when suit was brought, and Aubrey had tendered the customary warranty deed and demanded payment.

Two principal objections were made to the recovery: first, that Aubrey did not give evidence that the deed she tendered would convey the land; and second, that the matter had become res judicata in a former suit. The circuit judge held neither objection well taken, and Aubrey had judgment.

I. The…