Callender v. Price

Hoban, P. J.,

This is an action of assumpsit to recover damages to the seller for alleged breach of a contract for the sale of a hotel property and the liquor license under which seller operated. By agreement a single question of fact was submitted to the jury, to wit, whether seller had made a valid tender of the necessary instruments to convey the real and personal property and the liquor license to defendant, the prospective vendee. In effect this was a submission of the case to the jury on a point of law reserved. If the jury found no legal tender, obviously judgment would have to be for…