Byers v. McDonald

Citations

• 99 Miss. 42
• 54 So. 664

Syllabus

<p>1. Notes. Action on condition precedent. Tender. Waiver.</p> <p>Where a note is given payable, without condition, on a fixed date in part payment of a right to sell a patent when obtained by the payee, and a contract is entered into at the same time between the parties to the note, which contract does not make the securing of the patent a condition precedent to the liability on the note/the payee of the note may sue on the note when due, before the patent is secured.</p> <p>2. Same. Waiver. Tender.</p> <p>Where in such ease the maker of the note has notified the payee that he would not accept a transfer of the right to sell the patent, no tender of such transfer was necessary before suing on the note.</p> <p>3. Same.</p> <p>Where it is clear that a tender will not be accepted, it need not be made.</p> <p>4. Conjiicting Evidence. Jury.</p> <p>Where the evidence on a material issue is conflicting, it is a question for the jury.</p>