14 Me. 335 | Me. | 1837
The caso was continued, for advisement, and the opinion of the Court was afterwards drawn up by
The first payment to be made, according to the condition of the bond, and the terms of the notes given, was
Excluding the day of the date, in the computation of time, which is the rule in regard to notes of hand and bills of exchange, the third note became due on the twenty-third of June, 1833. Chitty on Bills, 343; Windsor v. China, 4 Greenl. 298. The plaintiff had the whole of the twenty-third of June, in which to pay the note; but a tender on the twenty-fourth was too late by one day, according to the condition of the bond, and the terms of the note. Nor do we think-that the plaintiff can charge the defendant upon the bond, without a tender on his part. The defendant might have conveyed the land to the plaintiff, notwithstanding his subsequent obligation to convey to another.
The bond and the notes, referred to in the condition, were parts of one transaction. After the bond had been prepared and executed, according to the deposition of Nathaniel Atkinson, the plaintiff wanted to have the notes written, so that the first payment should not fall due under two years. The deponent states, that the defendant declined to have them so written; but said he would wait for that period of time. This must be regarded as inadmissible, according to the whole current of the authorities. The written instruments executed at the time, are the only legal evidence of what the parties then agreed ; and they cannot be varied, enlarged •or extended by parol testimony. There is, it is true, other evidence tending to show a subsequent enlargement of the time, which is not