Howell Edmunds Jackson

“ Justice Miller, speaking for the court, that, 'where a specified thing is to be done by one party as the consideration of the thing to be done by the other, it is undeniably the general rule that the covenants are mutual, and are dependent, if they are to be performed at the same time; and if, by the terms or the nature of the contract, one is first to be performed as the condition of the obligation of the other, that which is first to be performed must be done or tendered before that party can sustain a suit against the other. ”

“ Covenants like those in the case under consideration are not of a shifting character, independent at one time and dependent at another, or independent as to one or more installments of purchase money, and dependent in respect to others, unless there is a clearly-expressed intention on the part of the contracting parties that such should be the case. No such intention is either expressed or implied in the language of the contracts in suit. The payment of all the installments of purchase money is a condition precedent to the performance of the land company's covenant to convey. ”

“ If the language is clear and unambiguous, it must be taken according to its plan meaning, as expressive of the intention of the parties, and, under settled principles of judicial decision, should not be controlled by the supposed inconvenience or hardship that may follow such construction. ”