Dwight v. Jones

Jones brought an action against T. H. Dwight and J. B. Dwight, on a promissory note given by them for $250. T. H. Dwight answered that after the note was given he sold to the plaintiff a certain described parcel of land for $595, with the understanding that the note sued on was to be taken in part payment of the purchase-money ; that the sale was a cash transaction ; that in pursuance thereof plaintiff went into possession of the land, and, after doing so, failed and refused to comply with his part of the contract, though defendant had ever been ready to convey the land to him upon payment of…