New York Court of Appeals
Charles H. Eddy, Appellants v. Alvin Davis, Respondent
October 8, 1889116 N.Y. 247
Summary
The Court affirmed the lower court's judgment for the defendant, holding that the plaintiffs could not recover unpaid installments because they lacked the capacity to tender the deed after having sold the adjoining land that provided the requisite right of way. The contract was interpreted as obligating the plaintiffs to deliver a deed upon receipt of $800, and after the time fixed for deed delivery, payment and conveyance are dependent, requiring a tender of deed before an action for installments.