 | Pennsylvania. Supreme Court, Horace Binney - 1815 - 626 σελίδες
...joint 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... | |
 | New Jersey. Supreme Court - 1816 - 540 σελίδες
...resolution. 1 Salk 171. 12 JOHNSON Mod. 462. 1 Ld. Ray. 665. 1 Lutto. 351. 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,... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore - 1818 - 828 σελίδες
...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
...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... | |
 | 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,...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 σελίδες
...&c. is 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...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 σελίδες
...ably and 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...without 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... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1828 - 878 σελίδες
...ably and clearly laid down by Mr. Serjeant Williams, in his note to Pordage v. Cole (a), vis. that " where a covenant goes only to part of the consideration...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 σελίδες
...to be 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...paid for in damages, it is an independent covenant. In support of each of these rules, many respectable authorities arc cited, and satisfactory comment... | |
| |
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,... 
