 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 Selection of Cases on the Law of Contracts - Sivu 1161tekijä(t) William Albert Keener - 1898 - 1830 sivuaKoko teos - Tietoja tästä kirjasta
 | Pennsylvania. Supreme Court, Horace Binney - 1815 - 626 sivua
...just and conscientious for the repairs neglected to have been made. Where a covenant goes only to pan of the consideration on both sides, and a breach of...independent covenant; and an action may be maintained for a breach of the covenant on the part of the defendant, without averring performance in the declaration.... | |
 | New Jersey. Supreme Court - 1816 - 540 sivua
...Dyer 76. a. pi. 30. 3d v. "Where a covenant goes only to part of the consideration on both AITLEG ATE sides, and a breach of such covenant may be paid for...independent covenant, and an action may be maintained for a breach of the covenant on the part of the defendant without averring performance in the declaration.... | |
 | Sir John Comyns - 1822 - 652 sivua
...to fulfil, the stipulation on his part. 6 TR 670. — 18. Where a covenant or promise goes only to part of the consideration on both sides, and a breach...independent covenant ; and an action may be maintained for the breach of the covenant, without averring performance in the declaration. 1 HB 273. — 19.... | |
 | Samuel Comyn - 1824 - 680 sivua
...action can be maintained for the money, &c. before performance. (r) 3d, Where a covenant goes only to part of the consideration on both sides, and a breach...independent covenant, and an action may be maintained for a breach of the covenant on the part of the defendant, without shewing performance. As where A.... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1828 - 878 sivua
...Mr. Serjeant Williams, in his note to Pordage v. Cole (a), vis. that " where a covenant goes only to part of the consideration on both sides, and a breach...independent covenant; and an action may be maintained fora breach of the covenant on the part of the defendant, without averring performance in the declaration."... | |
 | Alabama. Supreme Court, George Noble Stewart - 1835 - 526 sivua
...can be maintained for the money or other thing, before performance. 3d. Where a covenant goes only to part of the consideration on both sides, and a breach...paid for in damages, it is an independent covenant. In support of each of these rules, many respectable authorities arc cited, and satisfactory comment... | |
 | Maryland. Court of Appeals, Richard W. Gill, Richard Wordsworth Gill, John Johnson - 1830 - 562 sivua
...class of cases embraced by his third head; that is to say, to cases where the covenant goes only to part of the consideration on both sides, and a breach of such covenant may be paid for in damages, which he says makes an independent covenant. And having cited all the cases which belonged to this... | |
 | John Simcoe Saunders - 1831 - 598 sivua
...deft.'s delivering them : Raynay v. Alexander, Yelv. 76. 3. " Where a contract or covenant goes only to part of the consideration on both sides, and a breach of such contract or covenant may be paid for in damages, it is an independent contract or covenant, and an... | |
 | Great Britain. Court of Exchequer - 1834 - 1058 sivua
...on. Now, in 1 Saund. Rep. 320 b. Serjeant Williams lays down, that " where a covenant goes only to part of the consideration on both sides, and a breach of such covenant might be paid for in damages, it is an independent covenant, and an action may be maintained for a... | |
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