Morton v. Lamb
Court of King's Bench
101 Eng. Rep. 890 (1797)
Relevant factsFree
Lamb (defendant) agreed to sell corn to Morton (plaintiff), with the parties intending that Morton would pay for the corn upon its delivery; when Lamb failed to deliver the corn on the agreed date, Morton sued, and Lamb defended on the ground he was not satisfied Morton would actually have paid upon delivery.
IssueFree
Whether, when parties to a contract have agreed to concurrent acts, one party must perform when the other party will not or is not able to perform at the same time.