Low v. Marshall
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas, Redington J. presiding. Debt upon a writing under seal from the defendant to the plaintiff, dated February 24, 1836. At the trial, the defendant introduced a sealed writing from the plaintiff to him, bearing the same date, in which Low agreed to give, grant, sell, and legally convey unto Marshall, or his assigns, a certain tract of land, described.
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Exceptions from the Court of Common Pleas, Redington J. presiding. Debt upon a writing under seal from the defendant to the plaintiff, dated February 24, 1836. At the trial, the defendant introduced a sealed writing from the plaintiff to him, bearing the same date, in which Low agreed to give, grant, sell, and legally convey unto Marshall, or his assigns, a certain tract of land, described. Then follows: “ The condition of the foregoing agreement or obligation is, that if the said Daniel Marshall shall within the time of one year from the date hereof pay or cause to be paid to the said Low,…
1Opinion of the Court
The opinion of the Court was drawn up by
Shbpley J.
The obligation of the plaintiff to convey was upon condition, that the defendant, within one year, should pay him at the rate of one hundred dollars per acre for the land; and this condition' is recited in the obligation ' of the defendant to purchase. The conveyance was to be executéd and the money to be paid at the same time; and neither was obliged to perform without performance by the other. The party that would exact performance of the other, should prove that he was ready and willing to perform at the proper time.
When the decision is…
2Cited by4 opinions
- Norris v. LetchworthMissouri Court of Appeals · 1910
- Byers v. Denver Circle R.Supreme Court of Colorado · 1889
- Davis v. Barada-Ghio Real Estate Co.Missouri Court of Appeals · 1905
- Pelletier v. DwyerSupreme Judicial Court of Maine · 1975