Brown v. Davis
Massachusetts Supreme Judicial Court
Contract for the breach of a written agreement, executed on February 3, 1882, by the terms of which the defendant agreed to sell, and the plaintiff agreed to buy, certain real estate in Somerville, “ the same to be conveyed by a good and sufficient deed of the said Nathan J. Davis, as executor of the estate of Cyrus B. Rowe, conveying a good and clear title to the same, free from all incumbrances; and for such deed and conveyance” the plaintiff was to pay a certain sum “in…
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Contract for the breach of a written agreement, executed on February 3, 1882, by the terms of which the defendant agreed to sell, and the plaintiff agreed to buy, certain real estate in Somerville, “ the same to be conveyed by a good and sufficient deed of the said Nathan J. Davis, as executor of the estate of Cyrus B. Rowe, conveying a good and clear title to the same, free from all incumbrances; and for such deed and conveyance” the plaintiff was to pay a certain sum “in four months from the date hereof.” Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions, in…
1Opinion of the CourtC. Allen, J.
The delivery of the deed and the payment of the money were to be concurrent acts. It is true that the defendant did not do what was necessary to enable himself to give a good title within the four months. But he did nothing to disable himself from performance. He merely omitted to prepare himself. He remained inactive. This did not relieve the plaintiff from the duty of making an offer to perform on his part. There was no time when the plaintiff had prepared himself to perform presently his part of the contract. Neither party took sufficient steps to hold the other. It is no doubt true, that…
2Cases cited2 opinions
- Hapgood v. ShawMassachusetts Supreme Judicial Court · 1870
- Gormley v. KyleMassachusetts Supreme Judicial Court · 1884
3Cited by15 opinions
- Lowe v. HarwoodMassachusetts Supreme Judicial Court · 1885
- Hunt v. BassettMassachusetts Supreme Judicial Court · 1929
- Gray v. SmithU.S. Circuit Court for the District of Northern California · 1896
- Linton v. AllenMassachusetts Supreme Judicial Court · 1891
- Sullivan v. F. E. Atteaux & Co.Massachusetts Supreme Judicial Court · 1933
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