Williams v. Healey
New York Supreme Court
Demurrer to declaration. The plaintiff declared in covenant upon a contract for the sale of lands and personal property, the plaintiff being the vendee.
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Demurrer to declaration. The plaintiff declared in covenant upon a contract for the sale of lands and personal property, the plaintiff being the vendee. The contract was dated February 22d, 1841. By its terms the defendant covenanted to execute to the plaintiff a good and sufficient deed, with full covenants, of certain premises in the Onondaga reservation, described by metes and bounds, containing “ about two hundred acres as it is supposedand also to convey to the plaintiff thirty sheep, and the plaintiff’s-hay on the premises. The defendant was to cause the premises to be surveyed by…
1Opinion of the Court
By the Court, Jewett, J.
It is well settled that where- the, covenants between the parties are mutual and both parties are. to perform at the same time, the covenants operate as mutual conditions, and neither party can maintain an action, until he has performed or tendered a performance of his part of the agreement. But when it appears from the terms of the agreement, or the nature of the case, that the things to be done were not intended to be concurrent acts, but the performance of one party was to precede that of the other, then he who has to do the first act may be sued, although nothing…
2Cases cited8 opinions
- Parker v. ParmeleNew York Supreme Court · 1822
- Porter v. RoseNew York Supreme Court · 1815
- Morris v. SliterCourt for the Trial of Impeachments and Correction of Errors · 1845
- Miller v. DrakeNew York Supreme Court · 1803
- Wright v. TuttleSupreme Court of Connecticut · 1810
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3Cited by19 opinions
- Powell v. Dayton, Sheridan & Grande Ronde R. R.Oregon Supreme Court · 1885
- Hill v. GrigsbyCalifornia Supreme Court · 1868
- Frey v. JohnsonNew York Supreme Court · 1861
- Lester v. JewettNew York Supreme Court · 1849
- Davis v. JeffrisSouth Dakota Supreme Court · 1894
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