Rutherford v. Lawson ( 1805 )

Per Curiam.

The defendant ought to shew a title to the land, so as to induce a necessity on the part of the plaintiff to shew performance of his part of the covenant. The defendant so far from disclosing a title to the land, acknowledged that he had none. To view the land therefore would be useless. The law never requires the performance of acts which would be useless and insensible.

Verdict for plaintiff, $400.