1 Blackf. 348 | Ind. | 1825
A bill of exceptions, filed in this case, informs us that the Circuit Court refused to instruct the jury, that the taking up of a promissory note, after the same was due, and giving another for the balance then due, was a payment or cancel-ling of the original note. This is the only error alleged in the record; and the decision of this is not required by the pleadings in the case. There is no direct connexion between the case and the instruction required. The action is debt upon a penal bond, with a collateral condition for the conveyance of a town lot by a certain day, so soon as the purchase-money should be paid
The judgment is affirmed with costs.
The vendee, though ho has paid the purchase-money, is not entitled to recover on such a contract, unless he has also made a demand of the deed, before the commencement of the suit. Sheets v. Andrews, Nov. term, 1829, post. Nor can the vender, in such a case,, recover the purchase-money without
As to the measure of damages in actions on title-bonds, or on the usual covenants in conveyances of real estate, vide Lindley v. Lukin, ante, p. 266.— Blackwell v. The Board of Justices of Lawrence County, May term, 1828, post.— Sheets v. Andrews, supra.