Sibley v. Spring
Supreme Judicial Court of Maine
This was an action of covenant broken, founded upon a contract under seal, between the parties, by which the defendant covenanted to sell and convey to the plaintiff a certain house lot in Calais; the deed to be given on a day fixed.
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This was an action of covenant broken, founded upon a contract under seal, between the parties, by which the defendant covenanted to sell and convey to the plaintiff a certain house lot in Calais; the deed to be given on a day fixed. For which, the plaintiff was to do certain mason work, and within one year after the delivery of the deed, pay the sum of $200 : The plaintiff did the work as agreed, and demanded a fulfilment- of the covenant on the part of the defendant, or payment for his labor. The defendant then made and tendered to the plaintiff, a warranty deed of the lot, but the…
1Opinion of the Court
Weston C. J.
■— The case finds that the plaintiff, having kept the covenants on his part to be performed, did, before the commencement of this action, demand performance of the defendant; or payment of the value of his labor. And the question submitted to us is, whether performance had been duly tendered, on the part of the defendant. This depends upon the true construction of his covenant. He was to sell and convey a house lot particularly described, to the plaintiff, of which he was to have a deed at a stipulated period. Does this covenant require, that the defendant should give a good title…
2Cases cited2 opinions
- Aiken v. SanfordMassachusetts Supreme Judicial Court · 1809
- Greenby v. CheeversNew York Supreme Court · 1812
3Cited by4 opinions
- Curtis Land & Loan Co. v. Interior Land Co.Wisconsin Supreme Court · 1908
- Asbury v. CochranSupreme Court of Alabama · 1942
- Kennedy v. HerringSupreme Court of Alabama · 1959
- Mitchell v. WhiteSupreme Court of Alabama · 1943