Tennessee Superior Court for Law and Equity, 1805

Rutherford v. Lawson

Tennessee Superior Court for Law and Equity · Decided November 6, 1805 · <italic>Per Curiam.</italic>

1 Tenn. 189

Counsel

WHARTON, for the defendant, contended that the plaintiff was bound to show that he had viewed the land; being a condition precedent, he could not recover without showing performance; or that he had done all in his power.

Opinion of the Court

Per Curiam.

The defendant ought to shew a title to the land, so as to induce a necessity on the part of the plaintiff to shew performance of his part of the covenant. The defendant so far from disclosing a title to the land, acknowledged that he had none. To view the land therefore would be useless. The law never requires the performance of acts which would be useless and insensible.

Verdict for plaintiff, $400.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.