Murray v. Iron Hall of Baltimore City

Citations

• 9 Pa. Super. 89
• 1898 Pa. Super. LEXIS 121

Syllabus

<p>Contract — Mutually dependent covenants — Promise to pay money — When breach does not work forfeiture.</p> <p>Ii covenants are mutually dependent, a plaintiff must show full performance on his part, or a willingness to so perform before he can hold a defendant on his covenants but it would be inequitable to permit a defendant to set up a breach of covenant on the part of the plaintiff amounting to a forfeiture, where the breach was but a failure to pay money to the defendant at a time when the defendant was the plaintiff’s debtor in the same transaction to an amount in excess of the sum due and payable by plaintiff to defendant.</p> <p>Equity — Policy touching forfeitures.</p> <p>While a court of equity will sustain a forfeiture under some circumstances, it will scrutinize the transaction and require that all the rights of the person, the forfeiture of whose rights are sought, shall be respected.</p>