¶1This is a covenant, on the part of the plaintiff, to cut sufficient wood to keep the defendant’s furnace boiling eight *56montlis; and, on the part of the defendant, to pay in salt, rate 0f wo d0i]ars p61> day for the wood. The plaintiff brings his action, claiming the whole of the salt, an¿ ayg^^g that he has cut the whole quantity of wood. That the cutting the wood is a condition precedent, is very clear; but although he has not cut the whole quantity, may he not recover, in this action, for so much as he has .cut ? I am of opinion that he cannot. The plaintiff might have cut wood enough to come to a wagon load of salt,- have given the defendan t notice, and after a reasonable time for the delivery had elapsed, have brought suit for the salt so earned, and so on, Mies quoties, for the whole. But here he goes for the whole consideration. It was necessary for him to aver a complete performance on his part, and he must prove it, or he is not entitled to a verdict. — Verdict for the defendant.
1 Tapp. Rep. 55
Nugen v. Rogers
Columbiana County Court of Common Pleas
Decided June 15, 1816
Columbiana County Court of Common Pleas · decided 1816-06-15
The following is a copy of the deed, viz: — “ An article of agreement, made and concluded upon, between J. R. of the one part, and J. H. N. of the other part, witnesseth, that the said N. agrees to cut wood sufficient to keep the lower furnace boiling for twenty-four hours, for the sum of one bushel salt, provided that salt sells at two dollars per bushel. If salt does not sell at two dollars, the said R. agrees to give salt sufficient for to make up the two dollars.
Decided 1816-06-15