The Law of Vendors And Purchasers of Real Property
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Marshall, 17 Maine, 232; Marlow y. Marlow, 2 P. Wms. 199.
Lawrence v. Dole, 11 Verm. 549. * Clarke u. Faux, 3 Russ. 320.
8 Troughton v. Troughton, 1 Ves. 88.
enants has been injurious to the defendant, the latter may set up this injury as a defence pro tanto. Ibid. (See Chap. 28.) In a contract between parties, relative to the same subject, some stipula- tions may be mutual and independent, and others dependent and mutually conditional. Thus the plaintiff, without having tendered performance on... his part, recovered on a oreach of one covenant, because it was independent, and failed on the other because it was dependent. Kane v. Hood, 13 Pick.
282 ; Couch v. Ingersoll, 2 Pick. 292.
4 LAW OF VENDORS AND PURCHASERS. [CH. XXVI.
will not compel him to pay the pm-chase-money, and thus take a lawsuit instead of the land.^ So, where a vendor covenants to give a deed on a certain day, and the purchaser covenants on the same day to pay part of the consideration, and give security for the residue, the covenants are depend- ent; and neither party can maintain an action, without aver- ring performance, or readiness to perform, on his part.^ So, where a sale has been in part executed by a conveyance of part of the land, and the vendor is unable to convey the residue ; equity will decree repayment of a proportionate part of the purchase-money, with interest.^ 3.
What to read after The Law of Vendors And Purchasers of Real Property?
You can find similar books in the "Read Also" column, or choose other free books by Hilliard, Francis, 1806-1878 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Marshall, 17 Maine, 232; Marlow y. Marlow, 2 P. Wms. 199.
Lawrence v. Dole, 11 Verm. 549. * Clarke u. Faux, 3 Russ. 320.
8 Troughton v. Troughton, 1 Ves. 88.
enants has been injurious to the defendant, the latter may set up this injury as a defence pro tanto. Ibid. (See Chap. 28.) In a contract between parties, relative to the same subject, some stipula- tions may be mutual and independent, and others dependent and mutually conditional. Thus the plaintiff, without having tendered performance on... his part, recovered on a oreach of one covenant, because it was independent, and failed on the other because it was dependent. Kane v. Hood, 13 Pick.
282 ; Couch v. Ingersoll, 2 Pick. 292.
4 LAW OF VENDORS AND PURCHASERS. [CH. XXVI.
will not compel him to pay the pm-chase-money, and thus take a lawsuit instead of the land.^ So, where a vendor covenants to give a deed on a certain day, and the purchaser covenants on the same day to pay part of the consideration, and give security for the residue, the covenants are depend- ent; and neither party can maintain an action, without aver- ring performance, or readiness to perform, on his part.^ So, where a sale has been in part executed by a conveyance of part of the land, and the vendor is unable to convey the residue ; equity will decree repayment of a proportionate part of the purchase-money, with interest.^ 3.
What to read after The Law of Vendors And Purchasers of Real Property?
You can find similar books in the "Read Also" column, or choose other free books by Hilliard, Francis, 1806-1878 to read onlineMoreLess
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