George Shiras, Jr.

“ As, however, neither the trial court nor the supreme court adverted to that phase of the case, and as there may have been reasons not disclosed to us by the record why that ground of defense was not put forward, we shall not consider it. ”

“ His failure to furnish the abstract might have justified the complainants in declaring themselves off from the contract, and might have formed a successful defense to an action for damages brought by Crowther. But if they wished to specifically enforce the contract, it was necessary for the complainants themselves to tender performance. To entitle themselves to a decree for a specific performance of a contract to sell land, it has always been held necessary that the purchasers should tender the purchase money. ”