Booth-Kelly Lumber Co. v. Oregon & California Railroad

There is one defense which is contended for in the case at bar, which was not presented in the Hammond and Winton case. This is denominated the second defense and sets forth that when the plaintiff had completed the performance of the obligations resting upon it by the payment of the moneys due to the defendant, it demanded of the defendant the execution of a deed, surrendered to the defendant the contract which forms the subject matter of this action, and that the defendant executed and delivered to plaintiff a deed in fulfillment of the obligations of the contract, which deed was accepted…