Goodison v. Nunn
King's Bench
100 Eng.Rep. 1288 (1792)
Relevant factsFree
Goodison (plaintiff) agreed to sell his estate to Nunn (defendant) for 210 pounds, with a 21-pound penalty payable by Nunn if Nunn failed to complete the purchase; Goodison never conveyed the estate or took any steps or made any attempt to do so. Goodison nonetheless sued Nunn for the 21-pound penalty, arguing Nunn's failure to complete the purchase triggered the penalty regardless of Goodison's own non-performance.
IssueFree
Whether, when a contract contains mutually dependent promises, one party's failure to execute his promise relieves the other party of his own promised obligations.