Nissel v. Swinley

The opinion of the court was delivered by

Swayze, J.

This is an action to recover damages for breach of a written contract under seal, to convey land, brought by *289the vendee against the vendor. At the time fixed for performance of the contract both parties attended. There was outstanding a mortgage which the vendor said he was unable to have canceled that day. A verbal agreement was then made extending the time for the delivery of the deed for three days for the purpose of obtaining a discharge of the mortgage. In the interim the plaintiff gave written notice to rescind. This written notice…