Rutherford v. Haven

The leading question in this case is, whether in equity the vendor of real estate who seeks a performance and foreclosure of a contract containing mutual and dependent covenants, is required, as at law, to tender a deed to the vendee before filing his bill. None of the cases cited by appellees sustain the affirmative of this proposition. They were all actions at law, except that of Barron v. Baston, et al, 3 Iowa 76, and what is said in that case may be well understood as applying to an action at law for the purchase money. And in our opinion the reason for the rules in a law action, does not…