“A bill in equity brought by a vendee who has been in possession of land for twenty years, against heirs of the vendor, for the specific performance of the following agreement: ‘Received, 12 Mo., 13th, 1865, of Adam P. Ware, one hundred dollars on acct. of a lot of land sold him; the deed to be hereafter made to him, and, when delivered, he is to give his note for $s,S additional’— cannot be maintained until the vendee has tendered his note for the amount due, with interest, or the amount due in cash. Ware v. Lippincott (N. J. 1887), 10 Atl. Rep. 404.”

Reference Data:

The American and English Encyclopedia of Law, Vol. 22, by Merril, Williams, Mitchie and Garland, 1893, page 1037