Dietrich v. Franz
Supreme Court of Missouri
Appeal from, Second District Court. Where the acts or covenants of the parties are concurrent and to be done or performed at the same time, the covenants are dependent, and neither party can maintain an action against the other without averring and proving performance on his part.
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Appeal from, Second District Court. Where the acts or covenants of the parties are concurrent and to be done or performed at the same time, the covenants are dependent, and neither party can maintain an action against the other without averring and proving performance on his part. Whether we consider the particular language or the general intent of the parties, the covenants between them were mutually dependent and conditional, and the vendor can not recover without averring performance or an offer to perform on his part. (Kane v. Hood, 13 Pick. 281; Runlde v. Johnson, 30 111. 328 ; Lucas v.…
1Opinion of the Court
Bliss, Judge,
delivered the opinion of the court.. This was a suit upon a promissory note for $4,500. Defendant sets up that the note was given for the purchase money and as the final payment for half of a brewery and personal property belonging to it; that plaintiff gave a bond, conditioned to execute and deliver him a warranty deed for the property upon the payment of said note, etc., and also alleges various failures of the plaintiff to comply with his agreement to sell, and asks for a rescission of the contract. The answer was stricken out and judgment rendered by default.
The answer fails…
2Cases cited8 opinions
- Wellman v. Dismukes & GlascockSupreme Court of Missouri · 1867
- Pratt v. Gulick & ClarkNew York Supreme Court · 1852
- Smith v. BusbySupreme Court of Missouri · 1852
- Bircher v. PayneSupreme Court of Missouri · 1842
- Klyce v. BroylesMississippi Supreme Court · 1859
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Richardson v. PittsSupreme Court of Missouri · 1879
- Cress v. BlodgettSupreme Court of Missouri · 1877
- Lanyon v. ChesneySupreme Court of Missouri · 1905
- KirbySupreme Court of Arkansas · 1958