Tatum v. Garrett

Citations

• 112 Miss. 767
• 73 So. 786

Syllabus

<p>Contracts. Performance. Tender.</p> <p>Where in an action for the balance of the contract price for boring an oil well, defendant claimed as a defense that plaintiff had refused to deliver a book kept.by him, showing the strata through which he had drilled as he agreed to do, a tender of a copy of such hook before suit was a substantial compliance with the contract and a tender of the book itself after suit which defendant refused was a full compliance and plaintiff was entitled to a peremptory instruction for the balance due on the contract.</p>