Watson v. Sawyers
Mississippi Supreme Court
Appeal from the Chancery Court of Alcorn County. Hon. C. CulleNS, Chancellor. 1. A vendor is not bound to go out of one State in the Union to another State, in pursuit of his vendee, to make tender of a deed and demand the purchase-money of him, before he can file his bill for specific performance of a mutual and dependent contract for the sale and purchase of land.
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Appeal from the Chancery Court of Alcorn County. Hon. C. CulleNS, Chancellor. 1. A vendor is not bound to go out of one State in the Union to another State, in pursuit of his vendee, to make tender of a deed and demand the purchase-money of him, before he can file his bill for specific performance of a mutual and dependent contract for the sale and purchase of land. Lewis v. Hawkins, 28 Wall. 119,127; Co. Litt. 210 ; Smith v. Smith, 26 Wend. 405 ; Howard v. Miner, 20 Maine, 325; 9 Bac. Abr. 320; 5 Yin. Abr. 356, 357; 2 Parsons on Contracts, 650, note i; Bradstreet v. Clark, 21 Pick. 389, 394;…
1Opinion of the CourtChalmers, J.
A bill for specific performance of a contract of sale of land, *66evidenced by title bond, was demurred to, because there bad been no previous tender of a deed. The defendants were nonresidents, and a deed was filed and tendered with the bill. This, we think, was sufficient. It is well settled that an obligation to tender money or any merchantable commodit}1- is excused where the party to whom it is to be made is beyond the jurisdiction. We see no reason why the principle should not apply to the tender of a deed. Co. Litt. 210 ; 2 Parsons on Contracts, 650; Howard v. Miner, 20 Maine, 325.
The…
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