Barnard v. Lee
Massachusetts Supreme Judicial Court
Bill in equity alleging that the respondent, being seised in fee of a certain tract of land in Deerfield, entered into an agreement with the complainant for the sale to him thereof, and executed and delivered to him a bond, dated August 2,1865, which was fully recited in the bill.
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Bill in equity alleging that the respondent, being seised in fee of a certain tract of land in Deerfield, entered into an agreement with the complainant for the sale to him thereof, and executed and delivered to him a bond, dated August 2,1865, which was fully recited in the bill. The condition of this bond was that if the complainant should “ on or before the first day of April, a. d. 1866, pay or cause to be paid the full sum of six hundred dollars and the interest accruing upon the same,” and, “ upon request,” the respondent should “ make and deliver to said Barnard a good and valid deed…
1Opinion of the CourtGray, J.
The doctrine that time is not of the essence of a contract is generally applied in equity to stipulations for the payment of money upon an agreement for the sale and purchase of real estate. The principal grounds of the doctrine are that the rule of the common law, requiring performance of every contract at the appointed day, is often harsh and unjust in its operation ; that although some time of performance by each party is usually named in any agreement for the sale of land, it is often not regarded by the parties as one of the essential terms of their contract ; and that a court of…
2Cases cited5 opinions
- Taylor v. LongworthSupreme Court of the United States · 1840
- Hepburn and Dundas's Heirs v. Dunlop & Co.Supreme Court of the United States · 1816
- Brashier v. GratzSupreme Court of the United States · 1821
- Edgerton v. PeckhamNew York Court of Chancery · 1844
- Verplank v. CainesNew York Court of Chancery · 1814
3Cited by45 opinions
- Cheney v. LibbySupreme Court of the United States · 1890
- Barrett v. McAllisterWest Virginia Supreme Court · 1890
- Judkins v. CharetteMassachusetts Supreme Judicial Court · 1926
- Mansfield v. WilesMassachusetts Supreme Judicial Court · 1915
- Isom v. JohnsonSupreme Court of Alabama · 1920
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