Cutter v Powell (1795) 101 ER 573

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Facts
  • A man is contracted to complete a voyage between England and Jamaica for 8 weeks
  • About 5 days before arriving, he died
  • They do not pay him for any, so his widow sues
Held
  • The obligation upon him was such that only entire performance would be acceptable
  • Entire performance was a condition precedent to the contract so nothing else would succeed

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