PRICE V. VAN LINT
120 P.2d 611 (1941)
NATURE OF THE CASE: This was a dispute over a mortgage commitment. Van Lint (D), seller,
sought review of a judgment in favor of Price (P) purchaser, in P's action for damages for
breach of contract.
FACTS: Van Lint (D) agreed to loan Price (P) $1,500 secured by real property. D advanced
P $134 for the purchase of the land prior to the loan being consummated. P wanted to use the
monies for building a business office. D could not come up with the funds and P, instead of
claiming anticipatory repudiation, held D to the contract and sued. The issue before the
trial court was whether the promises were independent covenants. The trial court found that
the agreement called for D to perform first and that D had not performed and as such D was
liable to P for $543.55 in aggregate after the offset of $134 was deducted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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