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