Tison v. Smith

There are but two points assigned for error in this case 'thought to be worthy of notice.

Eii-ft, that tlie, court below erred in excluding the evidence offered to show that Smith at tins lime, of the contract did not own all the laud which in his ■contract ho liad offered to convey by good title to Tison. It is not believed that there, was any error in such rejection. If Smith was willing-, ready, and .able to make litio at the, time, lie had undertaken by his contract to make that tide, his not being able to do so at the date of his contract-would be wholly ■immaterial, even under the most…