Morris v. Sliter
Court for the Trial of Impeachments and Correction of Errors
Motion in arrest of judgment. The plaintiff counted in covenant upon a sealed agreement between the parties, dated March 20, 1837, by which the defendant covenanted to pay the plaintiff $250 with the interest thereon annually, in five years from the date; and also covenanted to pay all taxes assessed upon the land which the plaintiff was to convey.
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Motion in arrest of judgment. The plaintiff counted in covenant upon a sealed agreement between the parties, dated March 20, 1837, by which the defendant covenanted to pay the plaintiff $250 with the interest thereon annually, in five years from the date; and also covenanted to pay all taxes assessed upon the land which the plaintiff was to convey. And the plaintiff covenanted that "after the said party of the second part [the defendant] shall have paid the above sums of principal and interest at the time and in the manner above specified, and shall have performed the agreement above…
1Opinion of the Court
By the Court, Bronson, Ch. J.
When there are mutual covenants between the parties, the thing to be done by one being the consideration for the thing to be done by the other, and both parties are to perform at the same time, the covenants operate as mutual conditions, and neither party can maintain an action until he has performed, or offered to perform his part of the agreement. The covenants are dependent, and neither is obliged to part with his money or property, and trust to a remedy by action against the other. But where it appears from the terms of the agreement, or the nature of the…
2Cases cited2 opinions
- West v. EmmonsNew York Supreme Court · 1809
- Slocum & Hogan v. DespardNew York Supreme Court · 1832
3Cited by20 opinions
- Rosenthal Paper Co. v. National Folding Box & Paper Co.New York Court of Appeals · 1919
- Tipton v. . FeitnerNew York Court of Appeals · 1859
- Kirtz v. . PeckNew York Court of Appeals · 1889
- Lewis & Co. v. ChisholmSupreme Court of Georgia · 1881
- Clark v. WestAppellate Division of the Supreme Court of the State of New York · 1910
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