Watkins v. American Nat. Bank

SANBORN, Circuit Judge.

A motion for a rehearing of this case has been made, based upon the conceded rule that where a contract to convey land and a promise to pay for it are entire, and each is the consideration for the other, and the defendant has received no benefits from the contract, it is a complete defense to an action upon either that the other has not been and cannot be completely performed. Manitoba Fish Co. v. Booth, 109 Fed. 594, 48 C. C. A. 564; Griffin v. American *42Gold Min. Co., 114 Fed. 887, 52 C. C. A. 507; Bank of Columbia v. Hagner, 1 Pet. 455, 465, 7 L. Ed. 219; Telfener v.…