 | Pennsylvania. Supreme Court, Horace Binney - 1815 - 626 σελίδες
...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...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, without averring... | |
 | New Jersey. Supreme Court - 1816 - 540 σελίδες
...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 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 without averring... | |
 | Sir John Comyns - 1822 - 652 σελίδες
...fulfilled, or offered 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,...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.... | |
 | Samuel Comyn - 1824 - 680 σελίδες
...to be performed, no action can be maintained for the money, &c. before performance. (r) 3d, Where a covenant goes only to part of the consideration on...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, without shewing... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1828 - 864 σελίδες
...clearly laid down by Mr. Serjeant Williams, in his note to Pordage v. Cole (a), vie. that " where a covenant goes only to part of the consideration on...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, without averring... | |
 | Alabama. Supreme Court, George Noble Stewart - 1835 - 526 σελίδες
...performed, no action can be maintained for the money or other thing, before performance. 3d. Where a covenant goes only to part of the consideration on...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 σελίδες
...limits it expressly to the specific class of cases embraced by his third head; that is to say, to cases where the covenant goes only to part of the consideration...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 Bayly Moore, Great Britain. Court of Common Pleas, John Scott - 1833 - 830 σελίδες
...and accurately by Mr. Serjeant Williams, in a note to the case of Pordage v. Cole (a) — " Where a covenant goes only to part of the consideration on...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, without averring... | |
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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,... 
