Morton v. Lamb
|Morton v. Lamb|
|Court||Court of King's Bench|
|Citation||7 T.R. 125, 101 Eng. Rep. 890 (1797)|
The plaintiff agreed to buy a certain amount of corn from the defendant, and it was agreed that he would pay at the time of delivery. The plaintiff told the defendant prior to delivery that he was unable to pay for the corn at the preset time of delivery. The defendant, protecting his own interests did not deliver the corn in anticipation of the plaintiff’s inability to pay.
The plaintiff filed suit for breach of contract because the defendant did not deliver the corn.
Whether a liability for breach of contract exists where one part has reason to believe that the other party will not fulfill his obligation, thus does not fulfill his end of the bargain, in particular when the transfer is to occur at the same time.
Judgment for the defendant.
Because the corn was to be delivered at the same time, each party must be ready to perform his part of the contract at the time he charges the other with non-performance.