Keenan v. Brown
Supreme Court of Vermont
Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the facts .in substance as follows.
Read the full summary
Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the facts .in substance as follows. The plaintiff agreed to convey in his boat a load of lumber for the defendant to Whitehall, at $1,12 for each one hundred pieces; and the defendant agreed to convey in his boat to Port Henry, for the plaintiff, two loads of wood belonging to Gardner Green, at eighty cents per cord, — which wood the plaintiff was then under contract to convey to Port Henry for Green. The difference in the amount of freight was to be paid in cash. And it was agreed,…
1Opinion of the Court
The opinion of the court was delivered by
Hall, J.
The defence rests on the assumption, that the performance of the plaintiff’s promise to furnish wood on Keyes’ wharf to complete the first load was a condition precedent to the performance of the promise of the defendant to go after the second load ; or, in other words, that the breach of the plaintiffs contract, to furnish the wood on the wharf to complete the first load, absolved the defendant from any obligation to undertake the farther performance of it on his part. We do not take this view of the case. The plaintiff’s engagement did not go…
2Cited by4 opinions
- Tichnor Bros. v. EvansSupreme Court of Vermont · 1918
- Laswell v. National Handle Co.Missouri Court of Appeals · 1910
- Mortimer v. HannahMississippi Supreme Court · 1903
- Wallace v. Antrim Shovel Co.Supreme Court of New Hampshire · 1860