Benedict v. Weston

Supreme Court of Iowa
Benedict v. Weston, 1 Morris 490 (Iowa 1846)

Benedict v. Weston

Opinion of the Court

In contracts for the sale of lands, by which one agrees to purchase and the other to convey, the undertakings of the respective parties are always dependant, unless a contrary intimation clearly appear.

The seller ought not to be compelled to part with his land without receiving the consideraiion, nor ihe purchaser to part with his money without an equivalent in return.

If either vendor or vendee wishes to compel the other to fulfil his contract, he must make his part of the agreement precedent.

The time fixed for performance is deemed the essence of the contract ; and if ihe seller is not ready and able'to perform on tho day, the.purchaser may elect to consider his contract at an end.

Reference

Status
Published