...Blackburn v. Reilly. notes to For doge v. Cole, 1 Saund. 320, b, that whether a covenant (of the plaintiff) goes only to part of the consideration on both sides,...and an action may be maintained for a breach of the contract on the part of the defendant without averring performance in the declaration. It of course...

...Williams in his notes to Pordage y. (7ofe, 1 Saund. 3206, that where a covenant (of the plaintiff) goes only to part of the consideration on both sides, and a breach of such covenant maybe paid for in damages, it is an independent covenant, and an action may be maintained for a breach...

...following : "3. Where a covenant goes only to a part of the consideration on both sides, and a breacn of such covenant may be paid for in damages, it is an inck pendent covenant, and an action may be maintained for a breach of the covenant on the part of...

...governs under these circumstances is given by Sergeant Williams, in the note to Pordage r. Cole : " Where a covenant goes only to part of the consideration...without averring performance in the declaration." The reason, as stated by the learned commentator, is that " where a person has received a part of the...

...governs under these circumstances is given by Sergeant Williams, in the note to Pordage v. Cole : " Where a covenant goes only to part of the consideration...the defendant without averring performance in the declaration.1' The reason, as stated by the learned commentator, is that " where a person has received...

...rent whatever they might think just and conscientious for the repairs neglected to have been made. Where a covenant goes only to part of the consideration...paid for in damages, it is an independent covenant" We regard the rule announced in these cases as sound when applied to the facts of this case, and therefore...

...R. 645 ; Newson v. Smythies. 3 H. & N. 840; Todd v. Summers, tion on one side, and the breach of it may be paid for in damages, it is an independent covenant, and not a condition precedent.1 If one party covenants to do one thing, the other party doing another,...

...whole consideration on both sides, they are mutual considerations, and performance must be averred." " Where a covenant goes only to part of the consideration...without averring performance in the declaration." The leading case on both these rules is Boone v. Eyre, 1 H. Bl. 273. note; SC, 2 W. Bl. 1312, another...

...Salk. 171; 1 Ld. Raym. 665; 12 Mod. 462 ; 1 Lutw. 251 ; Dyer, 76, a. Where a covenant goes to part only of the consideration on both sides, and a breach of...covenant, and an action may be maintained for a breach of such covenant, without averring performance. It i« in v. Eyre, 1 HB 273, ASSVMPSIT: SPECIAL. Condition...

...is to be performed, no action can be maintained for the money, etc., before performance. Third. When a covenant goes only to part of the consideration...on both sides, and a breach of such covenant may be compensated in damages, it is an independent covenant and an action may be maintained for a breach...