Nonsuit—Error of Law—Insufficiency of Evtdf.nce—Review on Appeal. — An error in granting a nonsuit is an error of law, and should be excepted to and specified as such upon an appeal from the judgment, and cannot be reviewed upon the ground that the evidence is insufficient to support the decision.

Id.—Time for Appeal — Reviéw of Evidence — Construction of Statute. — The statute providing that an exception to a decision upon the ground that the evidence is insufficient to support it cannot he reviewed upon appeal from the judgment unless the appeal is taken within sixty days after the rendition of the judgment does not apply to a review of a ruling upon a motion for nonsuit.

Id.—Effect of Motion for Nonsuit — Admission of Facts — Question of Law. — A motion for a nonsuit admits the truth of the plaintiff’s evidence, and every inference of fact which can be properly drawn therefrom, and has the same effect in presenting a pure question of law as would a general demurrer to a complaint alleging only the same facts.

Vendor and Purchaser — Contract of Sale — Specific Performance — Maturity of Cause of Action — Option of Purchaser__Under an agreement for the sale of land binding the vendor to make a conveyance “on or before ” a specified date, provided the vendee should “on or before that day ” have paid to the vendor the price named therein, the purchaser is entitled to a conveyance upon his payment or tender of the agreed price to the vendor at any time within the time stated, and may enforce a specific performance of the agreement as soon as such payment or tender is made.

Trial—Issues upon Cross-complaint—Nonsuit of Plaintiff—Dismissal of Action. — Where the defendant in an action filed a crosseomplaint seeking affirmative relief, and the plaintiff filed an answer thereto, the nonsuit of the plaintiff, upon motion of the defendant, does not operate as a dismissal of the action, so as to deprive the defendant of the right to a trial of the issues raised by the cross-complaint and answer thereto.