Goodwin v. Lynn
U.S. Circuit Court for the District of Eastern Pennsylvania
This was an action of covenant for nonpayment of a certain sum of money, the consideration for a tract of land lying in the state of New York.
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This was an action of covenant for nonpayment of a certain sum of money, the consideration for a tract of land lying in the state of New York. The declaration set forth the agreement under seal, bearing date the 23d of June, 1823, by which the plaintiff covenanted to convey to the defendants [Lynn and Butts] a certain tract of land in the state of New York, on the first day of April following, and, on the same day, to assign to the defendants a certain lease of a blacksmith’s shop, and also to deliver possession of the premises to be conveyed, on which day the defendant covenanted to pay the…
1Opinion of the CourtWashington, Circuit Justice
(charging jury). The general rule is, that where the covenants in an agreement are dependent, or concurrent, the plaintiff must aver in his declaration, and prove on the trial, performance of, or an offer to perform, the covenants on his part. And in the construction of the instrument, for the purpose of understanding whether the covenants are dependent or not, the intention of the parties is to be discovered, rather from the order of time in which the acts are to be done, than from the structure of the instrument, or the arrangement of the covenants. Willis, 157; 7 Term R. 130; 8 Term R.…
2Cases cited1 opinion
- Barruso v. MadanNew York Supreme Court · 1807
3Cited by3 opinions
- Loud v. Pomona Land & Water Co.Supreme Court of the United States · 1894
- Straus v. YeagerIndiana Court of Appeals · 1911
- Albee Hammond Homes, Inc. v. BickneseIndiana Court of Appeals · 1969