Contract performable at different periods. - Effect of non-performance, and of over-performance. - If the one party repudiate, is the other free? - Whether irritancy implied by failing to perform at the day. - Effect of improper performance. - Contract for mariners wages. - Contract between master and servant. - Contract of affreightment. - Contract not signed by all parties. - Obligation ad factum pręstandum.
Hamilton v. Smith
Date: 8 November 1738 Case No. No 30.
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In mutual contracts entered into between one person on one side, and two on the other, the one signing is not bound, unless the two on the other side both also sign, because the faith of both was followed; unless it may appear from circumstances, that the faith only of one of the two, and who signs, was followed.
Thus, where a tack was set to a tenant and his son, while under age, the tack was found effectual to the father against the granter, though the son did not subscribe it; because the faith of the father only appeared to have been followed, and the putting in the son's name to have been rather a concession to the father, than a stipulation by the granter of the tack.
