Cole v. Killam
Massachusetts Supreme Judicial Court
Bill in equity, filed July 3, 1902, to enforce the specific performance of a contract to convey to the plaintiff a certain parcel of land in Boxford.
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Bill in equity, filed July 3, 1902, to enforce the specific performance of a contract to convey to the plaintiff a certain parcel of land in Boxford. The bill alleged, that on April 10, 1897, the plaintiff leased from the defendant a certain parcel of land in Boxford, which was known as “ The Plain,” for the term of five years from the date of the lease, that the plaintiff occupied the premises during the term of the lease and performed all things which by the terms of the lease he was bound to perform, and before the expiration of the lease notified the defendant that he would purchase the…
1Opinion of the CourtHammond, J.
The defence is that the plaintiff made no tender of the purchase price. It is true that no formal tender was made, but it was unnecessary. In a case like this, where the stipulations are that the one shall pay the money and the other shall execute a conveyance, and there is no provision that either is to be done first, the covenants are mutual and depend*216ent. The one is not bound, to pay without receiving his deed, nor the other to part with his land without receiving his money. The performance must be simultaneous. It is not necessary on the part of the purchaser to make a strict tender.- It…
2Cited by10 opinions
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- Ames v. AmesIndiana Court of Appeals · 1910
- Hunt v. BassettMassachusetts Supreme Judicial Court · 1929
- Lafond v. FrameMassachusetts Supreme Judicial Court · 1951
- Staples v. MullenMassachusetts Supreme Judicial Court · 1907
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