Paschal v. . Brandon
Supreme Court of North Carolina
Civil Action tried at Eall Term, 1877, of Caswell Superior Court, before Buxton, J. The plaintiff brought this action to recover the purchase money for land alleged tobe due him by the defendants, Elisha Paschal, the intestate of defendant, and Elisha Sar-tain.
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Civil Action tried at Eall Term, 1877, of Caswell Superior Court, before Buxton, J. The plaintiff brought this action to recover the purchase money for land alleged tobe due him by the defendants, Elisha Paschal, the intestate of defendant, and Elisha Sar-tain. It was admitted that defendant’s intestate had paid the plaintiff the sum he was due him on account of the purchase, but had received no deed for his part of the land ; and it was alleged that the defendant Elisha Sartain had not paid the sum due for his part thereof, the defendants being joint purchasers. After the death of Sartain,…
1Opinion of the CourtReade, J.
It is too plain to need either argument or authority that the vendor of land is not entitled to recover the price until he tenders a good and sufficient title to the ven-dee. And whether the title tendered is good and sufficient is a question which the vendee has the right to contest with the vendor.
Elisha Sartain the vendee in the case before us is dead,, and the vendor plaintiff sues the administrator of Elisha Sartain for the price. The plaintiff can not recover without tendering title. The title when tendered must be, not to the administrator, but to the heirs at law of Elisha Sartain.…
2Cases cited1 opinion
- Hutchinson v. . SmithSupreme Court of North Carolina · 1873
3Cited by1 opinion
- Fairlawn Heights Co. v. TheisOhio Supreme Court · 1938