Bradford v. Gray
Tennessee Supreme Court
When A covenanted, by the 25th day of December, 1831, to pay, or cause to be paid to B, $200, for the consideration of his relinquishing to W. S. his title to fifty acres of land, &c. Held, that the making the relinquishment is not a condition precedent to be performed by B, before B could maintain an action upon the covenant; but that the acts are to be done by each at the same time, and are concurrent conditions.
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When A covenanted, by the 25th day of December, 1831, to pay, or cause to be paid to B, $200, for the consideration of his relinquishing to W. S. his title to fifty acres of land, &c. Held, that the making the relinquishment is not a condition precedent to be performed by B, before B could maintain an action upon the covenant; but that the acts are to be done by each at the same time, and are concurrent conditions. It must appear clearly from the covenant, that the act to be done by the covenantee, was to be a condition precedent, and so intended by the parties. An averment in the declaration…
1Opinion of the CourtPeck, J.
This was an action of debt, brought on an instrument under seal, in the following words and figures;
*464“<$200: By the 25th December, 1831, I will pay, or cause to he paid to Joshua Townsend, two hundred dollars, for the consideration of his relinquishing to W. S. Gray, his title to fifty acres of land on the Hurricane Fork of Paint Rock. Given under my hand and seal, the 28th August, 1830. George Gray. [l. s.]
There are three counts in the declaration; one in common form for the two hundred dollars, not noticing the relinquishment. The next count in the same form, averring that the said Joshua…
2Cases cited2 opinions
- Cunningham v. MorrellNew York Supreme Court · 1813
- Kane v. Columbian Insurance Co.New York Supreme Court · 1807
3Cited by1 opinion
- A.L. Belcher & Assoc. v. HarrisonCourt of Appeals of Tennessee · 2000