Glaser v. Dannelley
New Mexico Supreme Court
Appeal from District Court, Curry County; Richardson, Judge. Equitable action by B. G. Glaser against Wm. IT. Dannelley. Judgment for plaintiff, and defendant appeals. Conditions in contract were dependent and concurrent and must have been performed by appellee before bringing suit. 3 Elliott on Conts.
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Appeal from District Court, Curry County; Richardson, Judge. Equitable action by B. G. Glaser against Wm. IT. Dannelley. Judgment for plaintiff, and defendant appeals. Conditions in contract were dependent and concurrent and must have been performed by appellee before bringing suit. 3 Elliott on Conts. Sec. 2045; 2 Elliott on Conts, Sec. 1547, 2047; Ink v. Rohrig, 122 N. W. 594; 9 Cyc. 643; Appleton v. Chase, 19 Me. 74; Shinn v. Roberts (N. J.), 1 Spencer 435; 43 Am. eDc. 636; McCoy’s Adm’rs. v. Bixbee’s Adm’rs., 6 O. 610; 27 Am. Dec. 258; Raudabaugh v. Hart, 61 O. St. 73; 76 Am. St. Rep.…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, J.
This is an equitable action brought by the appellee, B. G. Glaser, to cancel a contract entered into between himself and the appellant, Wm. U. Dannelley, and to compel the restitution by the said Dannelley of the sum of $500, paid by Glaser to Dannelley to apply in part payment for the purchase of a 40-acre tract of land located in Curry county, N. M., and for the re-delivery to Glaser of a note for $500, given in payment of the balance due upon the purchase price of the said lands, and for $700 damages claimed to have been suffered by the appellee. The case…
2Cases cited2 opinions
- Loud v. Pomona Land & Water Co.Supreme Court of the United States · 1894
- Todd v. SummersSupreme Court of Virginia · 1845
3Cited by4 opinions
- Price v. Van LintNew Mexico Supreme Court · 1941
- Heyde v. State Securities, Inc.New Mexico Supreme Court · 1958
- Glaser v. DannelleyNew Mexico Supreme Court · 1920
- Nunlist v. KeleherNew Mexico Supreme Court · 1926