Dustin v. Newcomer
Ohio Supreme Court
This case was adjourned from the county of Wood. It was a bill in chancery for the specific performance of the following contract. : “ This agreement witnesseth, that David Newcomer has this day sold to John C. Spink in-lot number 332, in the town of Perrysburgh, Wood county, Ohio, for fifteen dollars.
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This case was adjourned from the county of Wood. It was a bill in chancery for the specific performance of the following contract. : “ This agreement witnesseth, that David Newcomer has this day sold to John C. Spink in-lot number 332, in the town of Perrysburgh, Wood county, Ohio, for fifteen dollars. And the said Newcomer binds himself, his heirs and assig ns, to make, execute, and deliver a good warranty deed in fee simple, for the *lot aforesaid, on or before the first day of August next. And the said Spink, for his part, agrees to pay the said David Newcomer fifteen dollars, on the…
1Opinion of the Court
Judge Lane
delivered the opinion of the court:
Between these parties time was not of the essence of the contract, but it should have been performed on the first of August. The first act should have been taken by the defendant, by tendering the deed, by which he would have been entitled to the purchase money. Accordingly, the decree of July, 1836, finds the equity with the complainant, and directs the inquiry of the value. The case was reserved to adopt the proper rule of compensation in equity, where the defendant to a bill for specific performance is unable to make a title.
The rule seems…
2Cases cited6 opinions
- Hopkins v. LeeSupreme Court of the United States · 1821
- Wells v. AbernethySupreme Court of Connecticut · 1824
- Combs v. Tarlton's AdministratorsCourt of Appeals of Kentucky · 1834
- Seamore v. Harlan's HeirsCourt of Appeals of Kentucky · 1835
- Davis v. LewisCourt of Appeals of Kentucky · 1816
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Foster v. KlingerIndiana Court of Appeals · 1931
- Equity Savings & Loan Co. v. MercurioCity of Cleveland Municipal Court · 1937
- Campbell v. GittingsOhio Supreme Court · 1850