Greenlee County v. Cotey
Arizona Supreme Court
APPEAL from a judgment of the- Superior Court of the County of Greenlee. A. G. McAllister, Judge.
1Concurrence
FRANKLIN, J.,
Concurring. — I concur in the judgment.
It seems to me the facts of this case place it squarely within the rule announced in Cox v. McLaughlin, 52 Cal. 590, and adhered to in a number of appeals (54 Cal. 605; 63 Cal. 196; 76 Cal. 60, 9 Am. St. Rep. 164, 18 Pac. 100), that the mere refusal to pay an installment of money due under a contract was not the breach of a condition precedent, or such a prevention of performance as would sustain an action upon the contract for its profits. The stipulations of a contract might be so worded as to make the payments a condition precedent to…
2Cases cited11 opinions
- Cox v. McLaughlinCalifornia Supreme Court · 1881
- Valente v. WeinbergSupreme Court of Connecticut · 1907
- Cox v. McLaughlinCalifornia Supreme Court · 1880
- San Francisco Bridge Co. v. Dumbarton Land & Improvement Co.California Supreme Court · 1897
- Cox v. McLaughlinCalifornia Supreme Court · 1883
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