Nichols v. Raynbred
Court of King's Bench
Hobart, 88 (1615)
Relevant factsFree
Nichols (plaintiff) agreed to sell a cow to Raynbred (defendant) in exchange for 50 shillings, and when Raynbred failed to pay, Nichols sued for the money without proving he had actually delivered the cow. The trial court ruled for Nichols, and Raynbred appealed.
IssueFree
Whether a party to a contract of mutual, simultaneous promises must prove he performed his own promise before he can recover on the other party's promise to pay.