Cape Fear & Deep River Navigation Co. v. Wilcox
Supreme Court of North Carolina
Action of assumpsit tried before Bailey, J., at the last Spring Term of Chatham Superior Court. The plaintiff declared under the 9th section of the acts of 1848, incorporating the Cape Eear and Deep River Navigation Company, to recover the balance due on the following subscription.
Read the full summary
Action of assumpsit tried before Bailey, J., at the last Spring Term of Chatham Superior Court. The plaintiff declared under the 9th section of the acts of 1848, incorporating the Cape Eear and Deep River Navigation Company, to recover the balance due on the following subscription. “We, the subscribers, promise to pay the amount annexed to our names, provided that the suits now pending in Moore court of Equity, are decided in our favor, and that it is understood that we pay no instalment or money, for the opening of the river, until these suits are decided in our favor. February 28th, 1849. “…
1Opinion of the CourtPearson, C. J.
One who prevents the performance of a condition, or makes it impossible by his own act, shall not take advantage of the non-performance. Lord Coke illustrates the rule by this case : If A be bound to B, that J. S. shall marry Jane Gr. upon such a day, and before the day B marry with Jane, he shall not take advantage of the bond, for that he, himself, is the mean that the condition could not be performed, and this is regularly true in all cases.” Co. Lit. 20 b.
In our case, the defendant, by compromising the suits, and acquiring the right of Williams, by means of his release, made the condition…
2Cited by13 opinions
- Sale v. State Highway & Public Works CommissionSupreme Court of North Carolina · 1955
- Mezzanotte v. FreelandCourt of Appeals of North Carolina · 1973
- Empire Gas & Fuel Co. v. PendarCourt of Appeals of Texas · 1922
- Commercial National Bank of Charlotte v. Charlotte Supply Co.Supreme Court of North Carolina · 1946
- Foreman State Trust & Savings Bank v. TauberIllinois Supreme Court · 1932
8 more not listed; retrieve them via the Exa API.