Brief Fact Summary. Goodson (Plaintiff) and Nunn (Defendant) entered into a contract to sell an estate to the Defendant. Defendant appealed from a judgment for the Plaintiff.
Synopsis of Rule of Law. A person’s right to an action is dependent on performance of the other party.
Issue. Whether a person’s right to an action is dependent on complete performance?
Held. Yes. Judgment for the Defendant.
One covenant is dependent on the other. When one party conveyed his estate he was to receive the purchase price and when the other parted with his money he was to have the estate.
The lower court misapplied the principles in the case. Dependent covenants, performance and the offer to perform must be pleaded on the one part in order to found an action against the other. Therefore, this action cannot be maintained.
Discussion. This case was heard in England in 1792 by Lord Kenyon in the King’s Bench.