Bredin v. Agnew
Supreme Court of Pennsylvania
ERROR to the Special Court of Common Pleas of Cumberland county. This was an action of covenant by John Agnew against Ann Bredin, administratrix of James Bredin, deceased.
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ERROR to the Special Court of Common Pleas of Cumberland county. This was an action of covenant by John Agnew against Ann Bredin, administratrix of James Bredin, deceased. In 1831, the plaintiff and defendant’s intestate purchased a mill and lot of ground from John D. Mahon, Esq. for #13,249.16: at the time of the purchase the property was encumbered by mortgages and judgments to the whole amount of the purchase money which the vendees agreed to pay; and what liens each was to pay were specifically set out in separate covenants which each gave to the other. That executed by Bredin to Agnew,…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
— Whether covenants are dependent, concurrent, or mutual, depends on the intention of the parties, ascertained by the application of rules of interpretation to the context, from which alone it is to be extracted. Where money is to fall due subsequently to a day appointed for the act, which is the consideration of the contract, performance of the consideration is a condition precedent to a demand of the money, and the covenants are dependent. Where they go to the entire consideration on either side—as where a vendor covenants to convey, the…
2Cited by4 opinions
- Irvin v. BleakleySupreme Court of Pennsylvania · 1871
- Glenn v. RosslerNew York Supreme Court · 1895
- Shimp v. GraySuperior Court of Pennsylvania · 1910
- Lehman v. GivenSupreme Court of Pennsylvania · 1896