Hanson

This is an appeal from a judgment of non-suit in an action brought to recover the sum of one million, two hundred and seventy thousand dollars as damages for a breach of contract to deliver two thousand shares of stock of the American Contracting and Dredging Company of Hew York City. The contract was executory and in the following words: —

The latter portion of the writing forms the basis of plaintiff’s cause of action, he claiming to have been damaged by reason of the failure and refusal of respoudeuts to deliver the stock as therein provided.

The motion for a nonsuit was based upon very narrow grounds—grounds that could well have been enlarged. It was made upon the ground that plaintiff had failed to prove the payment or tender of the purchase price of said stock, to wit, sixty thousand dollars mentioned in the option, within the time therein stated, to wit, two years from date, and there was no waiver of such tender or excuse for the making of the same.

The evidence bearing upon the question of nonsuit maybe summarized as follows: Robert F. Pratt, who had charge of certain branches of Slaven’s business, testified: “In January, 1883, Hanson called me into his private office…