Allen v. Sanders
Court of Appeals of Kentucky
Appeal from the McCracken Circuit, 'Covenant, •Case 146. Case stated -and Judgment of the Circuit Court. It has been held, in a contract to do work where any money is to be paid before the work is to be done, the covenants are independent: (2 Bibiló; 4 Litt. 253.) liut the whole contract. should be considered, to ascertain the intention of the parties: (9 Dana 64.) If one party rely upon the covenant of the other party for indemnity, he will be left to that remedy; but if…
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Appeal from the McCracken Circuit, 'Covenant, •Case 146. Case stated -and Judgment of the Circuit Court. It has been held, in a contract to do work where any money is to be paid before the work is to be done, the covenants are independent: (2 Bibiló; 4 Litt. 253.) liut the whole contract. should be considered, to ascertain the intention of the parties: (9 Dana 64.) If one party rely upon the covenant of the other party for indemnity, he will be left to that remedy; but if upon performance, then performance is a precedent condition. A. stipulated to build a house for S. by a specified time,…
1Opinion of the Court
■5'uvoe Simpson
delivered the opinion of the Court.
Tins is an action of covenant on an agreement :in which the plaintiff in error stipulated to erect for the defendant a building of a certain description, to be finished in a specified time, and in a workmanlike manner, for which the defendant agreed to give to the plaintiff fifty dollars in hand, thirty two dollars and fifty cents when the work was completed, and eighty two dollar's and fifty cents at a subsequent peiiod.
This suit was brought for all the payments. The defence was, that the work is not done according to the contract. Verdict…
2Cases cited2 opinions
- McLure v. RushCourt of Appeals of Kentucky · 1839
- Mason v. ChambersCourt of Appeals of Kentucky · 1823
3Cited by2 opinions
- Drake v. GoreeSupreme Court of Alabama · 1853
- Gilmore & Co. v. Samuels & Co.Court of Appeals of Kentucky · 1909