Randle v. Washington Loan & Trust Co.
Randle v. Washington Loan & Trust Co.
Opinion of the Court
delivered the opinion of the Court:
This case turns entirely upon the supplemental contract, the only question being, Who, by its terms, was obligated as the moving party? We think the duty was clearly imposed upon the Scaggs heirs. They agreed to cause the plat to be approved by Woodward, Luckett, and Merillat. This was the condition precedent to all other conditions and obligations of the parties. Appellant obligated himself to sell land. Before he could carry out his part of the agreement, the owners were to put the land in condition to sell by the approval of the plat preparatory to its filing for record. Much is made' of appellant’s alleged failure to produce the Cook plat. A close perusal of the contract fails to disclose any agreement on his part to procure the Cook plat. But this contention falls for the reason that appellant did voluntarily procure the Cook plat and place it in escrow with the Continental Trust Company, where it could have been obtained for filing coincidentally with the Scaggs plat. Indeed, it was there when the supplemental contract was signed. It is urged, however, that appellant gave no notice óf the deposit in escrow of the Cook plat with the Continental Trust Company. Inasmuch as he was not required to procure it, he was not obligated to give any notice respecting it; but the undisputed evidence is that he did notify Luckett, and notice to him was notice to Woodward and Merillat.
Before appellant was obligated to put up a bond or mortgage notes as collateral security, it was the duty of the Scaggs heirs
The contract is clear, and not difficult of interpretation; and the duties of the parties are clearly expressed. No action was required on the part of appellant until the approval of the Scaggs plat, and until that obligation was discharged, appellees have no standing in equity to enforce default against appellant.
The decree is reversed with costs, and the cause remanded for a decree dismissing the original, cross, and supplemental bills.
Reversed and reifimided.
Reference
- Full Case Name
- RANDLE v. WASHINGTON LOAN & TRUST COMPANY
- Status
- Published
- Syllabus
- Contracts; Vendor and Purchaser. Where a contract between the owners of land and another which provided that the latter should have the right for a prescribed period, at his expense, to subdivide the land into lots and sell the same, accounting to the owners for a specified amount per foot and taking the excess for his services, was. subsequently, and after a dispute over its construction, modified by a provision that the owners should cause a plat of a subdivision which the selling agent had had prepared, to be approved by parties named, so that it could be recorded when the dedication of a certain street had been effected, whereupon the selling agent should furnish security in the sum of $6,000 for the faithful performance by him of the contract as modified, it was held that the causing by the owners of the plat to be approved by the parties named was a condition precedent to the furnishing of the security by the selling agent, and until that was done he was not in default.