Bryson v. . Peak

So much of the case as it is necessary to state, in order to present the only question made at this stage of the proceedings, is as follows :

In 1849, the plaintiff contracted to sell to the defendant a tract of land, and executed a bond to make title on or before the 1st day of January, 1851. The defendant went into possession, The plaintiff had not perfected his title, and was consequently unable to make title to the defendant, on the 1st day of January, 1851 ; whereupon the defendant commenced an action at law upon the bond, and before the trial the plaintiff perfected his title, tendered a…