Sargent v. Adams
Massachusetts Supreme Judicial Court
Assumpsit for money had and received. Writ dated March 23d 1847. The case was submitted to the decision of the court upon the following facts, reserving the objections specifically taken : The'defendant, prior to the 11th of February 1847, had fitted up the old Lamb Tavern, on Washington Street in Boston, as a hotel, under the name of the Adams House.
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Assumpsit for money had and received. Writ dated March 23d 1847. The case was submitted to the decision of the court upon the following facts, reserving the objections specifically taken : The'defendant, prior to the 11th of February 1847, had fitted up the old Lamb Tavern, on Washington Street in Boston, as a hotel, under the name of the Adams House. Beneath it he had built five stores, which together occupied the whole of the ground story, except the entry to said house, which was numbered 371, and each of which stores was fitted for occupancy as such, and was occupied by a different tenant…
1Opinion of the CourtShaw, C. J.
The questions in this case arise upon the con struction of the bond from Adams to Sargent and Moulton, and the refusal or failure of Adams to perform it on his part, so as to entitle Sargent to recover back the advance, as money paid on a consideration which had failed.
This is plainly one of that class of cases, in which the contracts of each party, being mutual and dependent, are to be performed simultaneously. Neither is bound to perform on his part, unless the other is ready at the same time to perform on his part. The party who would seek to recover of the other upon a breach of contract,…
2Cited by3 opinions
- Safe Deposit & Trust Co. v. Bovaird & Seyfang Manufacturing Co.Supreme Court of Pennsylvania · 1910
- Phillips v. SturmSupreme Court of Connecticut · 1917
- Thermal Belt Sanitarium Co. v. Hartford Insurance Co.Supreme Court of North Carolina · 1911