Adams v. Williams
Supreme Court of Pennsylvania
ERROR to the District Court of Crawford county. Daniel Williams, for the use of John Reynolds, against John Adams and Dyer Woodworth.
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ERROR to the District Court of Crawford county. Daniel Williams, for the use of John Reynolds, against John Adams and Dyer Woodworth. This was an action of covenant upon an article of agreement for the sale of a tract of 400 acres of land by the plaintiff to the defendant for the consideration of $812.50, payable in six annual instalments; and the agreement concluded thus: “ Now these articles of agreement witness: that the said party of the first part, for and in consideration of the premises, and of the further sum of one dollar, lawful money of the United States, well and truly to the said…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
In Robb v. Montgomery, (20 Johns. 20), the word when, and in Champion v. White, (5 Cow. 509), on were held dependent covenants. There is no substantial difference between these words and the word upon. In a contract where money is payable in instalments, and it is agreed that a deed shall be given, when, on, or upon payment of the whole amount of the purchase money, it is the fair import of the terms, that the delivery of the deed is precedent to the payment of the money. The ancient cases went on subtle grounds, but it is now settled that…
2Cases cited2 opinions
- Robb v. MontgomeryNew York Supreme Court · 1822
- Champion v. WhiteNew York Supreme Court · 1826
3Cited by10 opinions
- Barnes v. ReaSupreme Court of Pennsylvania · 1908
- Irvin v. BleakleySupreme Court of Pennsylvania · 1871
- Heights Land Co. v. Swengel's EstateSupreme Court of Pennsylvania · 1935
- Womrath v. McCormickSupreme Court of Pennsylvania · 1866
- Roach v. DickinsonsSupreme Court of Virginia · 1852
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