Parker v. McAllister

The complaint avers that the parties, on the 17th day of February, 1857, made a written agreement, by which Pan'ker agreed to “sell and convey” to McAllister a certain described tract of land for 889 dollars; “88 dollars, 90 cents, with interest, to be paid by the 1st of August, 1857,” the balance in nine annual payments, to be secured by mortgage, &c.; said McAllister to have immediate possession, and “when the first payment is made said Parker to deed said land to said McAllister.”

It is further averred that, “ on the 31st day of July, 1857, the plaintiff called on the defendant and offered…