Keffer & Wife v. Grayson

Citations

• 76 Va. 517
• 1882 Va. LEXIS 56

Syllabus

<p>1. Contracts—When time is of the essence.—Where under contract a right has passed, and purchaser takes possession and makes improvements, that right will not be divested by failure to do the act at the appointed time. But where no right is acquired until the doing of some act by the purchaser stipulated to be done, the performance of the act is a condition precedent, and time becomes of the essence.</p> <p>2. Idem—Idem—General .rule.—In unilateral contracts, time is of the essence, to be modified by peculiar circumstances, accounting for delay, and showing party in default still entitled to relief.</p> <p>3. Idem—Consideration.—“ Love and affection ” is not enough of itself to warrant a decree for specific performance.</p> <p>4. Idem—Idem—Nudum pactum.—A promise to pay a debt for which the promisor is already bound, is mere nudum pactum, and adds nought to the original obligation.</p> <p>5. Case at bar.—G rented land to son-in-law at annual rent, for a term of years. Before close of term, he in-writing promised son-in-law that if, by a certain specified time, he would pay G rent already in arrear, and rent to accrue at end of term, and other amounts owing him, he, G, would in consideration of the love and affection he bore his daughter, convey the land in fee to her for separate use. Son-in-law made the payments to G, but not by the time specified in the agreement. G’s circumstances having changed, he refused to convey the land to his daughter. On bill filed by son-in-law and wife against G for specific performance—</p> <p>Held :</p> <p>1. Payment by son-in-law, within the time specified, was a condition precedent to his acquiring right to specific execution-of the contract.</p> <p>2. Payment after the time specified entitled him to no such right.</p>