Where a covenant goes only to part of the consideration on both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant; and an action may be maintained for a breach of the covenant on the part of the defendant,... A Treatise on the Law of Contracts - Seite 552von William Wetmore Story - 1856Vollansicht - Über dieses Buch
| Theophilus Parsons - 1893 - 974 Seiten
...C'onn. 9 : Dey v Dox, 9 Wend. 129; Morris r. Silter, "l Denio, 59; Kider v. Pond, 18 Barb. 179.— 3. " Where a covenant goes only to part of the consideration on both sides, and a breach of sucli covenant may be paid for in damnges, it is an independent covenant, and an action may be maintained... | |
| 1896 - 922 Seiten
...that his only remedy was on his covenant; and in a note It is slated that where mutual covenants go only to part of the consideration on both sides, and a breach may be paid in damages, defendant, baving a remedy on his covenant, should not plead it us a condition... | |
| William George (of the St. Paul bar.) - 1897 - 656 Seiten
...etc., is to be performed, no action can be maintained for the money, etc., before performance. "(3) Where a covenant goes only to part of the consideration...defendant, without averring performance in the declaration. "(4) But, where the mutual covenants go to the whole consideration on both sides, they are mutual conditions,... | |
| Robert Campbell - 1898 - 872 Seiten
...money, &C., is to be performed, no action can be maintained for the money, &c., before performance. 3. Where a covenant goes only to part of the consideration...without averring performance in the declaration." The principal case shows that the above rules, though furnishing a valuable aid to the presumption... | |
| William Albert Keener - 1898 - 984 Seiten
...third rule of Williams in his note to the case above cited, that " where a covenant goes only to a part of the consideration on both sides, and a breach...independent covenant, and an action may be maintained without averring performance." The rule is not free from obscurity. It was given by Lord Mansfield... | |
| 1897 - 1016 Seiten
...was, in this case, a cancelation of the contract. Serjeant Williams' third rule is as follows : " 3. Where a covenant goes only to part of the consideration...without averring performance in the declaration." And the learned annotator, after citing a number of cases to sustain the rule thus stated, gives the... | |
| William Mitchell Fawcett, John Mason Lightwood - 1900 - 736 Seiten
...furnishing a guide to the discovery of the intention of the parties («), it has been laid down that where a covenant goes only to part of the consideration...paid for in damages, it is an independent covenant (o). As a general rule covenants are to be treated as independent rather than as conditions precedent,... | |
| 1901 - 1242 Seiten
...Serjeant Williams In his notes to Pordage v. Cole, 1 Saund. 320b, that where a covenant iof the plaintiff) goes only to part of the consideration on both sides,...of such covenant may be paid for In damages, it is ¡in independent covenant, and an action may be maintained for a breach of the contract on the part... | |
| Kentucky - 1902 - 1282 Seiten
...it. For other illustrations, see 4 Lilt., 253 ; I JJM, 490; 2 Id., 320; 16 BM, 363; 17 Id., 678. And, "where a covenant goes only to part of the consideration...covenant, on the part of the defendant, without averring [full] performance in the declaration. . . . And the reason is that, where a person has received a... | |
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