Standifer v. Davis

Citations

• 21 Miss. 48

Syllabus

<p>Where a bond is given conditioned, in consideration of a sum paid in cash, to make title on a given day, the obligor is not in fault, and no action can be maintained against him on the bond, until the obligee has demanded a deed; and unless upon such demand, the obligor prepare and tender the deed to the obligee, his bond is forfeited, and he is liable to an action upon it.</p> <p>It is, therefore, in an action on such a bond, sufficient for the plaintiff merely to allege a demand of the deed; he need not allege that he had prepared and presented it for execution.</p>