| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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."... | |
| 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... | |
| 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,... | |
| 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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