Sheeren v. Moses

Citations

• 84 Ill. 448

Syllabus

<p>1. Contract—of dependent and independent covenants or agreements. If a day be appointed for the payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money or other act is to be performed, an action may be brought for the money, or for not doing such other act, before performance, for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent.</p> <p>2. Same—as between vendor and purchaser. Where a party purchases land and gives notes for the purchase money, and the vendor, at the same time, agrees to convey the land by deed to the purchaser upon the payment of all the notes, the execution-and delivery of a deed of conveyance by the vendor, and the payment of the last note, are mutual and dependent acts, and to maintain an action on the last note, there must have been a tender of a deed before bringing suit; but as to the other notes, an action can be maintained without having tendered the deed, although not commenced until after the last note is due.</p>