...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...

...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...the covenant on the part of the defendant, without averring performance in the declaration. "(4) But, where the mutual covenants go to the whole consideration...

...ably and clearly laid down by Mr. Serjt. Williams in his note to Pordage v. Cole ;t namely, " That where a covenant goes only to part of the consideration...action may be maintained for a breach of the covenant, without averring performance in the declaration." In the present case, the engagement not to interfere...

...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...the covenant on the part of the defendant, without averring performance in the declaration." The principal case shows that the above rules, though furnishing...

...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...

...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...the covenant on the part of the defendant without averring performance in the declaration." And the learned annotator, after citing a number of cases...

...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,...

...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...

...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...the covenant, on the part of the defendant, without averring [full] performance in the declaration. . . . And the reason is that, where a person has received...

...Sergeant Williams in his note to Portage v. Cole, 1 Wms. Saund., 319 : "Where a covenant goes only to a part of the consideration on both sides, and a breach...the covenant, on the part of the defendant, without averring performance, in the declaration." It is contended here on the part of the defendant that it...