Tyrer v. Chew
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendants from a judgment under the seventy-third rule in an action upon a bond. The facts are sufficiently stated in the opinion.
1Opinion of the CourtChief Justice Alvey
This is an action upon a bond, with a condition to perform covenants contained in a separate deed or contract. There are two defendants, Theodore W. Tyrer and Heman D. Walbridge, and they jointly pleaded two pleas in bar of the action. These were, first, general performance of all covenants or stipulations on the part of the defendant; and, second, non-performance of a covenant on the part of the plaintiff, constituting a condition precedent to the right of the plaintiff to maintain this action. Affidavits of claim and defence were filed under rule 73 of the court below ; and the court having…
2Cases cited5 opinions
- Phillips & Colby Construction Co. v. SeymourSupreme Court of the United States · 1876
- Watchman & Bratt v. CrookCourt of Appeals of Maryland · 1833
- Rowland v. CoyneCalifornia Supreme Court · 1880
- Whiting v. FullerIllinois Supreme Court · 1859
- President v. BaxterNew York Supreme Court · 1826