Gardiner v. Corson
Massachusetts Supreme Judicial Court
This action, which was covenant, upon an indenture hereafter recited, for the ran-payment of the money therein stipulated to be paid by the defendant, was originally commenced by Robert Hallo-well, the plaintiff’s intestate; after whose decease the now plaintiff was admitted to prosecute.
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This action, which was covenant, upon an indenture hereafter recited, for the ran-payment of the money therein stipulated to be paid by the defendant, was originally commenced by Robert Hallo-well, the plaintiff’s intestate; after whose decease the now plaintiff was admitted to prosecute. The defendant had oyer of the indenture declared on, as follows, viz. : — “ This indenture, made this 29th day of October, 1809, by and between Isaac Corson, of the one part, and Robert Hallowell, executor to Benjamin Hallowell, deceased, of the other part, witnessed, that the said Corson hath this day…
1Opinion of the CourtFackson, J.
The evident intent and meaning of the parties, as *448expressed in the instrtiment, must determine whether the covenants are independent or conditional.
The defendant covenanted that he would purchase the land in question, and pay for it the sum of 920 dollars, in four years, with interest annually. The plaintiff’s intestate covenanted that he would deliver a deed of conveyance to the defendant, upon his paying the money “ at the time or times above named.” Omitting, for the present, the consideration of the annual interest, it is manifest that the acts to be performed by both the parties were…
2Cases cited1 opinion
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- Foster v. DwinelSupreme Judicial Court of Maine · 1861
- City of Aurora v. WestIndiana Supreme Court · 1864
- Lombard v. RugglesSupreme Judicial Court of Maine · 1832
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