Palmer v. Fox
Michigan Supreme Court
264 N.W. 361 (1936)
Palmer (plaintiff) sold Fox (defendant) a subdivision lot on an installment contract, promising to provide sidewalks, grade streets, and cinderize or gravel the streets, along with water mains and sewers, all seemingly to occur within the same five-year payment period; Palmer provided the water mains, sewers, and sidewalks but never cinderized or graveled the streets, and Fox stopped making payments once that failure became clear. Palmer sued for the remaining contract balance, and the trial court awarded Palmer the full amount owed; Fox appealed, arguing Palmer's breach excused his own payment obligation.
Whether, when the parties' intent indicates that contractual covenants are to be performed at the same time, those covenants are dependent such that neither party can sue for breach without having performed its own covenant.