Carpenter v. Holcomb
Massachusetts Supreme Judicial Court
Contract on a bond executed by the defendant to the plaintiff, under date of November 27,1868, in the penal sum of $1500, the condition of the obligation being 16 that whereas the obligor has this day agreed to pay to the obligee the sum of $7000 on or before April 1, 1869, and on the conveyance to him, the said obligor, or his legal representatives or assigns, by said obligee and her husband, of her certain farm of land in West Sutton known as the Spurr farm, being the land…
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Contract on a bond executed by the defendant to the plaintiff, under date of November 27,1868, in the penal sum of $1500, the condition of the obligation being 16 that whereas the obligor has this day agreed to pay to the obligee the sum of $7000 on or before April 1, 1869, and on the conveyance to him, the said obligor, or his legal representatives or assigns, by said obligee and her husband, of her certain farm of land in West Sutton known as the Spurr farm, being the land conveyed to said obligee by the administrator of the estate of John Spurr, such conveyance to be made by warranty deed,…
1Opinion of the CourtColt, J.
The bonds of the plaintiff and defendant were executed at the same time, and are construed together. The conveyance of the farm free of all incumbrances, and the payment therefor by the defendant, were concurrent and mutually dependent conditions. In such contracts, neither party can maintain an action for the refusal or neglect of the other to perform, without showing performance, or its equivalent, on his own part. An offer to perform by one who is ready and willing, and free from any conditions to which the other has a right to object, is sufficient ; and so also may be a refusal to accept…
2Cases cited2 opinions
- Board v. HelmCourt of Appeals of Kentucky · 1859
- North's Administrators v. PepperNew York Supreme Court · 1839
3Cited by37 opinions
- Daniels v. NewtonMassachusetts Supreme Judicial Court · 1874
- Kauffman v. RaederCourt of Appeals for the Eighth Circuit · 1901
- West v. PlattMassachusetts Supreme Judicial Court · 1879
- Lowe v. HarwoodMassachusetts Supreme Judicial Court · 1885
- Tobin v. LarkinMassachusetts Supreme Judicial Court · 1903
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