Green v. Green
New York Supreme Court
Assumpsit for money had and received; tried at the * Madison circuit, on the 4th Tuesday of March, 1827, before Williams, C. Judge.
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Assumpsit for money had and received; tried at the * Madison circuit, on the 4th Tuesday of March, 1827, before Williams, C. Judge. On the trial, a contract was proved between the parties, dated the 23d day of April, 1803, by which the plaintiff covenanted to pay the defendant $75, with interest, on the -*■ J . 23d of November then next, and the further sum in four years, with annual interest, to be paid on the 23d of April each year, which with the $75 and $25 to be paid the 1st of July then next, would make $4 per acre for half of lot 28, in township 18, iii the tract of 20 Townships; and…
1Opinion of the Court
Curia, per Savage, Ch. J.
The only question in this case is, whether the contract has been rescinded. It is very clear that the payment of the money and the giving of a deed were not to be simultaneous acts. The covenant to pay was independent, and the payment of the money was a condition precedent. By virtue of the covenant, the plaintiff cannot call upon the defendant to perform until he (the plaintiff) performs or tenders performance on his part. [1] In the language of Spencer, Ch. Justice, in Hudson v. Swift, (20 John. 27,) “ Had the plaintiff brought his action on the covenant, it would…
2Cases cited4 opinions
- Fuller v. HubbardNew York Supreme Court · 1826
- Robb v. MontgomeryNew York Supreme Court · 1822
- Tucker v. WoodsNew York Supreme Court · 1815
- Weaver v. BentleyNew York Supreme Court · 1803
3Cited by21 opinions
- Downey v. RiggsSupreme Court of Iowa · 1897
- Reddish v. SmithWashington Supreme Court · 1894
- Page v. . McDonnellNew York Court of Appeals · 1873
- Mahon v. LeechNorth Dakota Supreme Court · 1902
- Laffey v. KaufmanCalifornia Supreme Court · 1901
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