Beecher v. Conradt

13 N.Y. 108 (1855)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P entered into a contract in 1839 with D for the sale of land. P conveyed the land and D agreed to pay one cent and the sum of $396 in five equal annual payments. D did not make any payments. P sued D in 1850 for the whole amount due under the contract and proved his contract in court and rested. D then moved for a nonsuit; P could not recover the whole amount without proving that he tendered a conveyance of the land, or offered to convey the same to D before the commencement of the action. The trial court refused the nonsuit and allowed P recovery of the purchase money mentioned in the contract. That judgment was affirmed and D appealed.