Leonard v. Dyer
Supreme Court of Connecticut
Action of general assumpsit, tried to the court upon the general issue with notice, at the term of the superior court holden in Middlesex county in February, 1857. The suit was brought to recover freight on 49,000 feet of lumber transported from Albany to Hartford by the plaintiffs for the defendant. The material facts as found by the court, were as follows: The plaintiffs were the owners of a schooner engaged in carrying freight, but belonging to no regular line.
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Action of general assumpsit, tried to the court upon the general issue with notice, at the term of the superior court holden in Middlesex county in February, 1857. The suit was brought to recover freight on 49,000 feet of lumber transported from Albany to Hartford by the plaintiffs for the defendant. The material facts as found by the court, were as follows: The plaintiffs were the owners of a schooner engaged in carrying freight, but belonging to no regular line. On the 29th of September, 1856, they agreed with the defendant to transport for him a lot of lumber of about 75,000 feet from…
1Opinion of the CourtHinman, J.
The question whether the stipulations in a contract, in respect to acts to be performed by the parties, are conditions precedent to the right to enforce performance on the part of one of them, is to be determined by the intention, as it is derived from the contract itself, rather than from any technical rules of construction which might be applied to it. As remarked by Tindal, C. J., in Stavers v. Curling, the rule has been established by a long series of decisions in modern times, that the question whether covenants are to be held dependent or independent of each other, is to be determined…
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