Massachusetts Supreme Judicial Court January 4, 1876 (Brigham v. Townsend)

Ames, J.

The objection that the tender of the deed by the plaintiff was not seasonably made cannot be sustained, and was not relied upon at the argument. But the discrepancy between the actual amount of the incumbrance upon a portion of the land which the plaintiff was tc convey and its amount as described in the contract raises a more serious question.