Clark v. Redman

This was an action of covenant on two bonds, executed by Clark, Hoggatt, and Kitchell, conditioned for making a lawful title to Redman for certain lots of ground, upon his payment of the purchase-money. The defendants pleaded, 1st, non-payment of the purchase-money; 2dly, cove-pants performed^ 3dly, tender of title. Issues were joined up *380on these pleas, and the jury gave a verdict for the plaintiff Motion for a new trial overruled, and judgment rendered upon the verdict. The defendants institute this writ of error.

To support his action, the plaintiff relied upon the bonds and payment of the…