Potter v. Tuttle
Supreme Court of Connecticut
This was a bill in equity, brought by Henry J. Potter, against John Tuttle, praying for the specific performance of a written contract.
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This was a bill in equity, brought by Henry J. Potter, against John Tuttle, praying for the specific performance of a written contract. The cause was referred to a committee, who, at the term of the superior court for New Haven county, holden in October, 1852, reported substantially the following facts : On the 28th day of October, 1850, said Tuttle was the owner of premises, situated in the city of New Haven, on the westerly side of Franklin street, with four buildings thereon, known as the “Lanson property,” being 135 feet front and fear, and about eighty-five feet deep, subject to the…
1Opinion of the CourtChurch, C. J.
The defendant covenanted to convey to
the plaintiff, the premises in controversy, within one year from October 28th, 1850, at any time after four days’ notice, on the condition, that the plaintiff should pay for the same, in the manner stipulated, at the expiration of said year, or the notice to be given.
The conveyance by the defendant, and the payment by the plaintiff, were to be contemporaneous acts, and .each party was bound to perform, on his part, at the fixed time. Such was the legal import of the covenant. 14 Conn. R., 479. 1 Sw. Dig., 206.
The defendant excuses himself for a…
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