 | 1900 - 812 σελίδες
...structure of the instrument, or the arrangement of the covenants. Where mutual covenants go to the whole consideration on both sides, they are mutual conditions. — the one precedent to the other. 4 Kent, Comm. 144. Where the undertaking on one side is, in terms, a condition to the stipulation on... | |
 | 1901 - 1242 σελίδες
...negroes, and so had not a good title to convey. The plaintiff demurred to the plea. Lord Mansfield said: "The distinction Is very clear, where mutual covenants...the other. But where they go only to a part, where the breach may be paid for In damages, then the defendant has a remedy on his covenant, and shall not... | |
 | Lawrence Duckworth - 1901 - 186 σελίδες
...mutual covenants go to the whole consideration on both sides, that they are mutual conditions—the one precedent to the other ; but where they go only to a part, and a breach may be paid for in damages, there the defendant has a remedy on the covenant, and cannot... | |
 | International Correspondence Schools - 1903 - 636 σελίδες
...equivalent to a repudiation of the contract."" 60. Lord Mansfield stated the doctrine in these words: "Where mutual covenants go to the whole of the consideration...a part, where a breach may be paid for in damages, the defendant has a remedy on his covenant and shall not plead it as a condition precedent.""" The... | |
 | Samuel Williston - 1904 - 696 σελίδες
...there was a general demurrer. LORD MANSFIELD. The distinction is very clear, where mutual cove'\ nants go to the whole of the consideration on both sides,...But where they go only to a part, where a breach may he paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as... | |
 | Gawayne Baldwin Hamilton - 1904 - 350 σελίδες
...Independent Covenants. Where " Where mutual covenants go to the whole of the conprecedent! sideration on both sides, they are mutual conditions, the one...a part, where a breach may be paid for in damages, then the defendant has a remedy on his covenant, and shall not plead it as a condition precedent" (/).... | |
 | Lawrence Duckworth - 1904 - 200 σελίδες
...precedent. It is the general rule, where mutual covenants go to the whole consideration on both sides, that they are mutual conditions — the one precedent to the other ; but where they go only to a part, and a breach may be paid for in damages, there the defendant has a remedy on the covenant, and cannot... | |
 | 1862 - 1066 σελίδες
...mutual covenants go to the whole of consideration on both sides, they are mutual conditions, the oue precedent to the other. But where they go only to a part, where a breach may be paid for in damages, then the defendant has a remedy on his covenant; and shall not plead it as a condition precedent."... | |
 | John Edward Robert Stephens - 1908 - 246 σελίδες
...down with great accuracy by Lord Ellenborough in the case of Ritchie v. Atkinson (5) 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... | |
 | Edward Beal - 1908 - 766 σελίδες
...dependent or independent according to the intention of the parties to be collected from the whole deed. Where mutual covenants go to the whole of the consideration...mutual conditions, the one precedent to the other. Where a covenant goes only to part of the consideration on both aides, and a breach of such covenant... | |
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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... 
