Goodison v. Nunn

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Goodison v. Nunn
Court Court of King's Bench (England)
Citation 100 Eng.Rep. 1288
Date decided 1792

Facts

  • Goodson = Plaintiff = seller of real estate
  • Nunn = Defendant = buyer
  • Goodison contracted to sell his estate to Nunn for £210 (approximately £12,800 in 2023, according to the Bank of England inflation calculator) in the 1790s. Goodison would convey the property; next, Nunn would pay on September 2nd.

The contract provided that if Nunn refused to purchase the estate, then Nunn would be obligated to pay liquidated damages of £21.

Because Goodison didn't prepare a deed to formally convey the property, Nunn decline to pay the £210 to buy the property.

Procedural History

Goodison sued Nunn before the King's Bench for £21.

Issues

In a contract containing mutually dependent covenants, must a party satisfy its obligation before it can recover contract damages from the other party?

Holding

Yes. A party suing for breach of a contract containing mutually dependent covenants must satisfy its contractual obligations before it [Goodison party] may recover contract damages from the other party [Nunn].

Rule

Condition Precedent

The party obligated by contract must perform or offer to perform before suing the other party for breach of contract.

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