Gregory v. Scott

Citations

• 5 Scam. 392

Syllabus

<p>Appeal from Greene.</p> <p>x. Note for land — failure of consideration. Where the payment of a note given for the purchase money agreed to be paid for a tract of land is made a condition precedent to the conveyance, a plea to an action upon such note, which avers that the vendor has made no conveyance, is bad ; but a plea to such action, which avers that the vendor, neither at the time when the contract was entered into, nor when the conveyance was to be made, nor since, has had any title whatever to the premises agreed to be conveyed, is a bar to such action. Such plea shows that the consideration of the note has wholly failed, (a) </p> <p>2. Same — -same. Semble, That the fact that a vendor had no title to a tract of-land agreed to be conveyed, at the time of making the contract, or at the time of the performance of a condition precedent by the vendee, would not constitute a want or failure of the consideration of a note given for the .purchase money of the premises.</p> <p>3. CoNSIDFli VTION —piomise for promise. The old doctrine, that a promise is the consideration 01 a p.omise, should be applied only where no other consideration can be found available to sustain the agreement of the parties.</p> <p>4. Same — title not covenants. The covenants in a bond for the conveyance of land is not the consideration for wh’ch the purchase money is paid; it is the title to the land which constitutes the consideration.</p>