Coughran v. Bigelow

Citations

• 164 U.S. 301
• 17 S. Ct. 117
• 41 L. Ed. 442
• 1896 U.S. LEXIS 1863

Syllabus

<p>The granting, by a trial court, of a nonsuit for want of sufficient evidence to'warrant a verdict for the plaintiff is no infringement of the constitutional right of trial by jury.</p> <p>A surety on a bond, conditioned for the faithful performance by the principal' obligor of his agreement to convey land to -the obligee on a day named on receiving the agreed-price, is released from his liability if the vendee fails to perform the precedent act of payment at the time provided in the contract, and if the vendor, having then a right to rescind and declare a forfeiture in consequence, waives that right.</p>