Rutherford v. Lawson

• Decision Date: 30 November 1805
• Citation: 1 Tenn. 189
• Parties: RUTHERFORD v. LAWSON.
• Court: Tennessee Circuit Court

1 Tenn. 189

RUTHERFORD

v.LAWSON.

Superior Court of Law and Equity of Tennessee.

November, 1805.

Covenants, pleas--Covenants performed, non infregit conventionem and issues.-- The defendant covenanted to convey a certain tract of land to the plaintiff; the plaintiff agreed to look at the land, and if he liked it he bound himself to take it; but if he did not the defendant was to pay him four hundred dollars. It was in evidence that the plaintiff said he did not see the land as he understood the defendant had no title; it was further proved that the defendant said he had no title to the land, and that he expected to pay the money.

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.

Per Curiam.

The defendant ought to show a title to the land, so as to induce a necessity on the part of the plaintiff to show 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.