1 Wright 741
Decided November 15, 1834
Ohio Supreme Court · decided 1834-11-15
<p>Assignment of part of a contract — -substitution—excuse from tender.</p> <p>Where one has an obligation for land and transfers a portion of it to a third person, whom the obligor recognizes and promises to convey to, the assignee may sue for the breach of the promise, treating the original contract with his assignor as inducement to the promise to him.</p> <p>If one bound to pay refuse to do so, that excuses a demand and tender of performance by the person entitled to receive.</p>
Decided 1834-11-15
¶1instructed the jury, that if they were satisfieff,from the evidence, that Dun has substituted Watson for the $600 worth of land in the place of McKay, and had afterwards refused to convey the land, that excused Watson from making any other demand of the deed, and gave him the right to resort at once to his suit, and if that were the case, they sho'uld find for the plaintiff the $600, with interest from the demand and refusal.
¶2Verdict for the plaintiff, $783 and judgment.