United States Supreme Court Cases & Opinions

U.S. Supreme Court

Stinson v. Dousman, 61 U.S. 20 How. 461 461 (1857)

Stinson v. Dousman

61 U.S. (20 How.) 461

Syllabus

Where there was a covenant to sell land upon condition that the purchase money should be paid in installments and other acts done by the covenantee, in failure to perform which rent was to be charged, and the covenantee failed to execute his contract, the rent was justly chargeable.

The Territory of Minnesota having abolished the court of chancery, the excuses of the defendant must be judged of as if it was a case in chancery, the statute having so directed. But in this case, time would be held to be an essential consideration in the contract by a court of equity, and the excuses for nonperformance are insufficient.

The facts are stated in the opinion of the Court.

Page 61 U. S. 463