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Legal Opinion

Nelson v. . Plimpton Fire-Proof E. Co.

New York Court of Appeals

Decided January 20, 1874PublishedCited by 20 opinions

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The contract between the parties to the action was mutual, and neither could recover against the other for a breach of its terms, or put the other in default, without a tender of performance, or at least proof of a readiness and willingness to perform. An actual tender of performance may be excused when there is a willingness and an…

2Cases cited2 opinions

  1. Franchot v. LeachNew York Supreme Court · 1826
  2. Traver v. HalstedNew York Supreme Court · 1840

3Cited by20 opinions

  1. Howard v. . DalyNew York Court of Appeals · 1875
  2. Lawrence v. . MillerNew York Court of Appeals · 1881
  3. Gray v. SmithCourt of Appeals for the Ninth Circuit · 1897
  4. McVeety v. Harvey Mercantile Co.North Dakota Supreme Court · 1913
  5. Levy v. . BurgessNew York Court of Appeals · 1876

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