Bailey v. White
Supreme Court of Alabama
Writ of error to the Circuit Court of Cherokee. THE plaintiff in error declared against the defendant, in covenant, upon a writing obligatory, executed on the thirty-first day of July, 1835, for the payment of two hundred dollars, on or before the first day of January, 1837. The defendant craved oyer of the writing sued on, set it out in extenso, and demurred.
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Writ of error to the Circuit Court of Cherokee. THE plaintiff in error declared against the defendant, in covenant, upon a writing obligatory, executed on the thirty-first day of July, 1835, for the payment of two hundred dollars, on or before the first day of January, 1837. The defendant craved oyer of the writing sued on, set it out in extenso, and demurred. The writing is as follows: “ On or before the first of January, eighteen hundred and thirty-seven, I promise to pay to ¥m. Bailey, two hundred dollars, on condition that the said Bailey gives me or my executors, or assigns, possession…
1Opinion of the CourtCollier, C. J.
Covenants are either dependent, concurrent, or mutual and independent. The first depends on the prior performance of some act or condition, and until the condition is performed, the other party is not liable to an action on his covenant. In the second, mutual acts are to be performed at the same time, and if one party is ready, and offers to perform his part, and the other neglects, or refuses to perform his, he who is ready and offers, has fulfiled his engagement, and may maintain an action for the default of the other, though it is not certain that either is obliged to do the first act. The…
2Cases cited4 opinions
- Tompkins v. ElliotNew York Supreme Court · 1830
- Day v. ChismSupreme Court of the United States · 1825
- Legg v. RobinsonNew York Supreme Court · 1831
- Northrup v. NorthrupNew York Supreme Court · 1826
3Cited by5 opinions
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- International Correspondence School, Inc. v. CrabtreeTennessee Supreme Court · 1931
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- James v. CortrightSupreme Court of Alabama · 1930
- Vanadium Corp. v. WillisSupreme Court of Colorado · 1926