Cook v. Bean

Suit upon a note. Answer: that it was given for the purchase money of a tract of land, for which a deed, pursuant to a title bond executed at the time, was to be made on payment of the note, and that no deed had been tendered. Reply in denial. Trial; evidence establishing the truth of the answer; whereupon the Court held the case under advisement till the plaintiff could cause a deed to be tendered, which being done, judgment was rendered for the plaintiff.

This was erroneous. It was like permitting a party to sue on a note before it is due, but suspending judgment till it becomes due, and…