| Pennsylvania. Supreme Court, Horace Binney - 1815 - 626 σελίδες
...covenant, notwithstanding their several interests in the land. Phillip* v. Bonsall, "• I38 2. Where 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... | |
| Great Britain. Court of Common Pleas, John Bayly Moore - 1818 - 828 σελίδες
...the return cargo was not to be furnished out of the proceeds arising from the brandy. At all events, the covenant goes only to part of the consideration on both sides, and therefore falls within the doctrine laid down by Lord Mansfield, in Boone v. Eyre, viz. thai a breach... | |
| Great Britain. Court of Common Pleas, John Bayly Moore - 1821 - 820 σελίδες
...the return cargo was not to be furnished out of the proceeds arising from the brandy. At all events, the covenant goes only to part of the consideration on both sides, and therefore falls within the doctrine laid down by Lord Mansfield, in Boone v. Eyre, viz. that a breach... | |
| John Simcoe Saunders - 1831 - 598 σελίδες
...precedent to the 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 σελίδες
...instalment at the time agreed 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... | |
| Great Britain. Court of Exchequer, Robert Philip Tyrwhitt - 1834 - 1062 σελίδες
...instalment at the time agreed on. Now, in 1 Sound. 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... | |
| Great Britain. Court of Chancery, James William Mylne, Richard Davis Craig - 1838 - 798 σελίδες
...words should give way to such intention." Another rule laid down by the same writer is, that " where a covenant goes only to part of the consideration on both sides, and a breach of such covenant (a) 1 Saund.319. O 3 1837. CASES IN CHANCERY. covenant may be paid for in damages, it is an independent... | |
| Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - 1846 - 866 σελίδες
...the condition. Whitaker v. Smith, 4 Pick. 83; Wait v. Morris, 6 Wend. 394. # 4th. Where an agreement goes only to part of the consideration on both sides, and a breach of such agreement may be paid for in damages, it is an independent agreement, and an action may be maintained... | |
| Oliver Lorenzo Barbour, New York (State). Supreme Court - 1858 - 724 σελίδες
...compelled to pay to procure good title Pepper v. Haight. to the disputed part. Where a covenant only goes to part of the consideration on both sides, and a breach of the covenant may be paid for in damages, it is an independent covenant, and an action may be maintained... | |
| Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1870 - 764 σελίδες
...promise " to run the mill not to exceed three hundred cuts of the saw Hinckley vs. Beckwith. per minute," goes only to part of the consideration on both sides, and a breach may be paid for in damages. The rule in such cases is, that the defendant has his remedy on the promise,... | |
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