 | Great Britain. Court of Common Pleas - 1838 - 338 σελίδες
...down, with great accuracy, by Lord Ellenborough, in the case of Richie v. Atkinson(s), to be this, that where mutual covenants go to the whole of the consideration...conditions, the one precedent to the other; but where the covenants go only to a part, there a remedy lies on the covenant to recover damages for the breach... | |
 | Great Britain. Court of Common Pleas - 1839 - 350 σελίδες
...of this contract." In Boone v. Eyre (d) Lord Mansfield, CJ, lays down the distinction as clear, that where mutual covenants go to the whole of the consideration...the one precedent to the other. But where they go to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant,... | |
 | Archibald John Stephens - 1842 - 1072 σελίδες
...depend on the order of time in which the intent of the transaction requires their performance. (5) When mutual covenants go to the whole of the consideration...mutual conditions, the one precedent to the other. (6) Where a day certain is appointed for the payment of money ; if such day is to occur after the time... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - 1845 - 880 σελίδες
...and one of the means of discovering such intention is thus laid down in Ritchie v. Atkinson (b), " Where mutual covenants go to the whole of the consideration...conditions, the one precedent to the other ; but, where the covenants go to a part only, there a (a)3 New Cases, 355.; (6) 10 East, 306. 3 Scott, 740. 18*3.... | |
 | Great Britain. Court of King's Bench, Edward Hyde East - 1845 - 586 σελίδες
...covenant. The true rule in these cases was laid down by Lord Mansfield in Boone v. Eyre(a), that " where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions: but where the covenants go only to a part, and where a recompence may be had in damages, it is a different... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger, John Scott - 1846 - 1124 σελίδες
...great accuracy by Lord Ellenborough, in the case of Richie v. Atkintmili), to be this, — ' that, where mutual covenants go to the whole of the consideration...conditions, the one precedent to the other ; but, where the covenants go only to a part, there a remedj lies on the covenant to recover damages for the breach... | |
 | Charles Abbott (Baron Tenterden) - 1846 - 1088 σελίδες
...from the whole contract. The rule was well laid down by Lord Mansfield, in Boone v. Eyre (mm), that where mutual covenants go to the whole of the consideration...conditions, the one precedent to the other; but where the covenants go only to a part, there a remedy lies on the covenant, to recover damages for the breach... | |
 | Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - 1846 - 720 σελίδες
...averring that the plaintiff taught the defendant the business. Campbell v. Jones, 6 Term R. 571-0 [2d. Where mutual covenants go to the whole of the consideration on both sides, they are in that case mutual conditions, and a performance must be averred. But it is otherwise where they go... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1850 - 712 σελίδες
...were not conditions precedent. McCnlloc gh v. Cox, 386 3. Where mutual covenants sro to the T''eil consideration, on both sides, they are mutual conditions, the one precedent to the other ; but where the covenants go only to a part of the consideration, then a remedy lies on the covenant, to recover... | |
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The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they: are mutual conditions, the one precedent to the other; but when they go only to a part where a breach may be paid for in damages, there the... 
