Ashbaugh v. Murphy

Citations

• 90 Ill. 182

Syllabus

<p>1. Practice—remarks of judge. Where the court is urged to exclude the plaintiff’s evidence, on the ground of its variance from the description of land in the declaration, the remarks made by the judge as to the identity of the description on overruling a motion to exclude the evidence, being no more than necessary in deciding the motion, will not be ground of error.</p> <p>2. Vendor and vendee—tender of deed, and specific objection thereto. Where a purchaser of land refuses to accept a warranty deed for the land purchased, when tendered by the vendor, solely on the ground he is not able to make payment, he can not, when sued for breach of his covenant, defeat the action by showing the land was not free from incumbrance. If he was able and ready to pay when such tender was made, and objected to the deed because of incumbrance, the vendor might then have been able to show that the property was free from incumbrance at the time of the tender.</p>