Courcier v. Graham
Ohio Supreme Court
This was an action of covenant, founded upon an article of agreement executed on the 26th day of March, 1818, for the sale of a tract of land particularly described and upon particular terms.
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This was an action of covenant, founded upon an article of agreement executed on the 26th day of March, 1818, for the sale of a tract of land particularly described and upon particular terms. The plaintiff stipulated to deliver to the defendant merchandise to the amount of $11,418.32, upon account of the purchase of the-land; and from time to time, when thereto required, within one-year from the date, to deliver to the defendant or his order any further quantity of merchandise, as he or his agent might select, to the amount of-dollars, further on account of the land. The price of the land was…
1Opinion of the Court
Opinion of the court, by
Judge Hitchcock:
In the case of Kingston v. Preston, Doug. 690, 691, Lord Mansfield observes, “There are three kinds of covenants: 1. Such as are called mutual and independent, where either party may recover damages from the other for the injury he may have received, by a breach of the covenants in his favor, and where it is no excuse for the defendant to allege a breach of the covenants on the part of the plaintiff. 2. There are covenants which are conditions dependent on each other, in which the performance of one depends on the .prior performance *of the other, and,…
2Cases cited6 opinions
- Jackson ex dem. Goodrich v. OgdenNew York Supreme Court · 1810
- West v. EmmonsNew York Supreme Court · 1809
- Bennet v. Executors of PixleyNew York Supreme Court · 1810
- Gardner v. GardnerNew York Supreme Court · 1813
- Wilcox v. Ten EyckNew York Supreme Court · 1809
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Albert Pavlik and Anna H. Pavlik v. Consolidation Coal Co., Inc.Court of Appeals for the Sixth Circuit · 1972
- Walter A. Wood Mowing & Reaping Machine Co. v. LeeSouth Dakota Supreme Court · 1894
- Spitzer v. VanselowOhio Court of Appeals · 1936
- Albert Pavlik and Anna H. Pavlik v. Consolidation Coal Co., Inc.Court of Appeals for the Sixth Circuit · 1972
- Power v. BrownCuyahoga Circuit Court · 1903
1 more not listed; retrieve them via the Exa API.