Hammond v. Gilmore's Administrator
Supreme Court of Connecticut
This was an appeal from the report of the commissioners upon the insolvent estate of John Gilmore, deceased, by Elijah Hammond, claiming to be a creditor of that estate and interested therein, complaining of the allowance, by the commissioners, of a claim in favour of George Olmsted. The cause was tried at Tolland, April term, 1841, before Church, J. Olmsted’s claim was founded on the following contract, and the guaranty or undertaking thereto annexed.
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This was an appeal from the report of the commissioners upon the insolvent estate of John Gilmore, deceased, by Elijah Hammond, claiming to be a creditor of that estate and interested therein, complaining of the allowance, by the commissioners, of a claim in favour of George Olmsted. The cause was tried at Tolland, April term, 1841, before Church, J. Olmsted’s claim was founded on the following contract, and the guaranty or undertaking thereto annexed. “ This agreement made by and between George Olmsted of East-Hariford, on the one part, and John Hall of Ellington, on the other…
1Opinion of the CourtChurch, J.
Olmsted, the claimant, was under no obligation, by the contract under consideration, to perform any other condition precedent, than to cultivate the trees to be deliv*485ered. Every other act of his was to be concurrent with some act of Hall's.
Olmsted agreed to deliver the trees specified in the contract to Hall, on the 13th day of September, 1839; that is, they were then to be designated and counted, by them both; and in case of disagreement, referees mutually chosen were to decide. These were concurrent acts. The trees, after being thus designated and counted, were to remain, at Hall's…
2Cases cited5 opinions
- Breed v. HillhouseSupreme Court of Connecticut · 1829
- Craft v. IshamSupreme Court of Connecticut · 1838
- Williams v. GrangerSupreme Court of Connecticut · 1810
- Bean v. AtwaterSupreme Court of Connecticut · 1821
- Smith v. LoomisSupreme Court of Connecticut · 1828
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- Bushnell v. ChurchSupreme Court of Connecticut · 1843
- Girasulo v. Consolidated Motor Lines, Inc.Connecticut Superior Court · 1937
- Isham v. GreenhamOhio Superior Court, Cincinnati · 1854
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