by John Marshall

Name: Brashier v. Gratz — Opinion of the Court
Author: by John Marshall

Brashier v. Gratz — Opinion of the Court

Summary

“Brashier v. Gratz — Opinion of the Court”, is a work by by John Marshall. It explores elements such as Brashier, Gratz and contract.

Quotes from Brashier v. Gratz — Opinion of the Court (by John Marshall)

by John Marshall, Brashier v. Gratz — Opinion of the Court

“ Gratz, or to make a survey, or to demand one, show that his conduct respecting his notes did not depend on a survey.
We do not think, then, that Mr. Brashier is justified in withholding the payment of the purchase money by the fact that the quantity of land was not ascertained; nor does the evidence support the opinion that this fact had any influence on his conduct.
The plaintiff also attempts to justify the non-payment of the purchase money by the inability of Mr. Gratz to make him a title. But this excuse entirely fails him. ”

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Source: Wikisource

by John Marshall, Brashier v. Gratz — Opinion of the Court

“ The rule, that time is not of the essence of a contract, has certainly been recognized in Courts of equity; and there can be no doubt, to perform his the part of a purchaser or vendor, to perform his contract on the stipulated day, does not, of itself, deprive him of his right to demand a specific performance at a subsequent day, when he shall be able to comply with his part of the engagement. It may be in the power of the Court to direct compensation for the breach of contract in point of time, and in such case the object of the parties is effectuated by carrying it into execution. ”

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Source: Wikisource

by John Marshall, Brashier v. Gratz — Opinion of the Court

“ If, then, a bill for a specific performance be brought by a party who is himself in fault, the Court will consider all the circumstances of the case, and decree according to those circumstances.
A consideration always entitled to great weight, is, that the contract, though not fully executed, has been in part performed. The plaintiff claims the benefit of this principle, and alleges, that by prosecuting and managing, at his own expense, the suits depending in Kentucky, he has performed that part of the agreement. ”

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Source: Wikisource

by John Marshall, Brashier v. Gratz — Opinion of the Court

“ After the decision of the cause, and after this rise in the value of the land, Brashier, in November, 1813, entered into an agreement with Lewis Saunders, by which he was to convey to Saunders half the land purchased of Gratz, in consideration of Saunders paying, or tendering to the heirs of Gratz, the full amount of the notes he had given for the purchase. Saunders immediately offered his contract to the heirs of Gratz, and requested them, if they were willing to take it, and to indemnify him, to acknowledge a tender of the money, which the contract bound him to tender. ”

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Source: Wikisource

by John Marshall, Brashier v. Gratz — Opinion of the Court

“ The contract was made while a suit for the title was depending, and there is reason to suppose that this circumstance had some influence on the price of the article. We perceive that if any part of the land should be lost, one half the purchase money should be lost by Brashier. While the suits were depending, and the purchase money unpaid, Brashier became insolvent. Consequently, should the land be recovered, it would be the property of Brashier at the stipulated price; should it be lost, Brashier could not pay that portion of the price which he was to pay in the event of loss. ”

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Source: Wikisource

by John Marshall, Brashier v. Gratz — Opinion of the Court

“ More than five years after the last payment had became due, the land suddenly rises to the price of 80 dollars per acre. Then he tenders the purchase money, and demands a specific performance. Had the land fallen in value, he could not have paid the purchase money. This total want of reciprocity gives increased influence to the objections to a specific performance, which are furnished by this great alteration in the value of the article.
Both parties have sought to avail themselves of the transaction with Mr. Saunders, by whom the purchase money was tendered in Dec. ”

by John Marshall

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