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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.

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