Prest v. Cole

This is an action of contract to recover of the defendant the sum of $4,500, which the defendant had agreed to pay the plaintiff for certain stock. The defendant admitted that the plaintiff was entitled to recover unless he was bound to tender the stock before bringing the action, and unless certain matters set up in the supplementary answers constituted a defence. The judge ruled that the plaintiff was not obliged to make a tender, and that the matters set up in the supplementary answers would not constitute a defence and ordered a verdict for the plaintiff. The defendant excepted and the…