Bradford v. Limpus
Supreme Court of Iowa
Appeal from Warren District Court. The defendant was sued on a promissory note, dated tbe 5th March, 1857, and due in one year from date, for one thousand dollars.
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Appeal from Warren District Court. The defendant was sued on a promissory note, dated tbe 5th March, 1857, and due in one year from date, for one thousand dollars. The defense rests upon a certain bond in substance as follows : On the date of the note, the plaintiff executed to the defendant his bond in the penal sum of one thousand and two hundred dollars, the consideration of which was the conveyance of certain parcels of land in Warren county for the consideration of four thousand and six hundred dollars. This instrument, which is annexed to the answer, expresses that of the above $4,600,…
1Opinion of the CourtWoodward, J.
The plaintiff stands upon the doctrine that a provision that a contract shall become void upon nonpayment, or other non-performances, is for the benefit of the obligee, and the obligor can not avail himself of it. This may be the true doctrine. It is supported by the cases cited by the plaintiff, 1 Smith’s Lead. C. 88; 5 Story Eq. Jur. sec. 717; Clark v. Jones, 1 Denio 517; 5 Cow. 270, and also Mason v. Caldwell, 5 Gil. 196. But the case may be changed when the obligee has entered upon conditions broken. 1 Smith’s Lead. C. 88. It need not be considered, however, whether this is the true rule,…
2Cases cited1 opinion
- Canfield v. WestcottNew York Supreme Court · 1826
3Cited by7 opinions
- Chambers v. AndersonSupreme Court of Kansas · 1893
- Glass v. RoweSupreme Court of Missouri · 1890
- Audubon Co. v. American Emigrant Co.Supreme Court of Iowa · 1875
- Sigler v. WickSupreme Court of Iowa · 1877
- Clark v. HornSupreme Court of Iowa · 1904
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