Bailey v. Wadley

TALIAFERRO, Judge.

A proposition of law only is submitted by this appeal. It is this: Will the tender of the balance due on the purchase price of a sale of real estate, made subsequent to service but prior to judgment in a suit to rescind the sale on account of' the nonpayment of said part of the price, abate the action to rescind?

On November 15, 1934, J. K. Wadley and W. T. Gleason, defendants in the present rule, sold and conveyed to Walter F. Bailey, plaintiff in rule the E.% of N. E.J4 of Section 36, Township 23 North, Range 10 West, situated in Webster parish. The vendors reserved for a…