Walker v. Hewitt

The main question under discussion here is whether or not the plaintiff can maintain this action without first tendering a deed to the property described in the contract. The answer to this contention is that, by giving a negotiable promissory note, defendant in the first instance elected to rely upon the responsibility of the seller as a means of compelling him to execute his part of the contract. It is not the frequent case of an action upon a contract of sale of real estate where the mutual covenants of the parties are contained in the same instrument. Such a contract, while assignable, is…