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" 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,... "
Reports of Cases Argued and Determined in the High Court of Chancery: During ... - Halaman 196
oleh Great Britain. Court of Chancery, James William Mylne, Richard Davis Craig - 1838
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Reports of Civil and Criminal Cases Decided by the ..., Volume 5;Volume 153

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1913 - 996 halaman
...made. Where a covenant goes only to part of the consideration 011 both sides, and a breach of such covenant may be 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...
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Reports of Cases Adjudged in the Supreme Court of Pennsylvania, Volume 6

Pennsylvania. Supreme Court, Horace Binney - 1815 - 626 halaman
...a covenant goes only to part of the consideration on both sides, and a breach may be compensated by damages, it is an independent covenant, and an action may be maintained against the defendant for a breach of his covenant, without averring performance: Therefore, where...
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Reports of Cases Argued and Determined in the Supreme Court And ..., Volume 1

New Jersey. Supreme Court - 1816 - 540 halaman
..."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 in damages, it is an independent...defendant without averring performance in the declaration. Boon -v. Eyre. 1 H. Bl. 273. note (a) Ibid. 279. 6 TR 570 Campbell v. Jones, (a) 4th But •where the...
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A Digest of the Laws of England, Volume 2

Sir John Comyns - 1822 - 652 halaman
...Where a covenant or promise 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 the breach of the covenant, without averring performance in the declaration. 1 HB 273. — 19. Under...
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The Law of Contracts and Promises Upon Various Subjects and with Particular ...

Samuel Comyn - 1824 - 680 halaman
...(r) 3d, 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...the covenant on the part of the defendant, without shewing performance. As where A. by deed conveyed to B. the equity of redemption of a plantation in...
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Reports of Cases Argued and Determined in the Courts of Common Pleas and ...

Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1828 - 864 halaman
...that " 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...averring performance in the declaration." On that rule I now found my opinion. The cases to which my Brother lVil.de has referred, militate most strongly...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 1

Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1828 - 878 halaman
...that " 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 fora breach of the covenant on the part of the defendant, without averring performance in the declaration."...
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Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 3

Alabama. Supreme Court, George Noble Stewart - 1835 - 526 halaman
...performance. 3d. 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. In support of each of these rules, many respectable authorities arc cited, and satisfactory comment...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volume 1

Maryland. Court of Appeals, Richard W. Gill, Richard Wordsworth Gill, John Johnson - 1830 - 562 halaman
...— 3. 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...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,...
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The Law of Pleading and Evidence in Civil Actions: Arranged ..., Volume 1

John Simcoe Saunders - 1831 - 598 halaman
...a breach of such contract or covenant may be paid for in damages, it is an independent contract or covenant, and an action may be maintained for a breach of the contract or covenant on the part of the deft., without averring performance in the declaration:" 1...
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