 | Great Britain. Court of Common Pleas, John Scott - 1841 - 850 σελίδες
...husbandlike manner, was clearly a penalty. In Lowe v. Peers, 4 Burr. 2225, Lord Mansfield said : " There is a difference between covenants in general,...the obligee has his election. He may either bring an action of debt for 1839. the penalty, and recover the penalty (after which recovery g^~v ' of the... | |
 | Great Britain. Court of Chancery, Charles Purton Cooper - 1841 - 720 σελίδες
...covenants and let the contract stand. In Lowe v. Peers, 4 Burrowes, 2225, 2228, the same judge said there is a difference between covenants in general,...the obligee has his election. He may either bring an action of debt for the penalty ; (after which recovery of the penalty, he cannot resort to the covenant;... | |
 | Great Britain. Court of Common Pleas, John Scott - 1841 - 814 σελίδες
...husbandlike manner, was clearly a penalty. In Lowe v. Peers, 4 Burr. 2225, Lord Mansfield said : " There is a difference between covenants in general,...the obligee has his election. He may either bring an action of debt for 1839. the penalty, and recover the penalty (after which recovery of the penalty... | |
 | Archibald John Stephens - 1842 - 1072 σελίδες
...PENALTY. between covenants in general, and covenants secured by a penalty or forfeit- J^1^1^^ ure. In the latter case, the obligee has his election : he may either bring an nants in geaction of debt for the penalty, and recover the penalty, after which recovery neral and... | |
 | Charles Greenstreet Addison - 1847 - 988 σελίδες
...the penalty is to be a satisfaction for the whole,) or if he does not choose to go for the penalty, he may proceed upon the covenants, and recover more or less than the penalty toties quoties. (A) If be proceeds and recovers judgment for the penalty, he, of course, subjects himself to the restrictions... | |
 | George Wingrove Cooke - 1850 - 590 σελίδες
...rent, nor restrain him from violating his covenant (y). In Lowe \. Peers (z), Lord Mansfield said, " There is a difference between covenants in general...the obligee has his election : he may either bring an action of debt for the penalty (after which recovery of the penalty he cannot resort to the covenant,... | |
 | Theodore Sedgwick - 1852 - 722 σελίδες
...the breach of the contract, makes no difference ; and so said Lord Mansfield, in Lowe vs. Peers : " There is a difference between covenants in general,...the obligee has his election : he may either bring an action of debt and recover the penalty, after which recovery of the penalty he cannot resort to... | |
 | Iowa. Supreme Court - 1858 - 708 σελίδες
...penalty to secure the performance of a contract, is expressed by Lord MAXSFIELD. Says his lordship, there is a difference between covenants in general,...forfeiture. In the latter case, the obligee has his election to bring an action for the penalty, after which he cannot resort Foley v. McKeegan. to the covenant,... | |
 | John Scott, Great Britain. Court of Common Pleas - 1860 - 568 σελίδες
...that mean anything more than that the agreement says so?] Lord Mansfield, in Lowe v. Peers, says: " There is a difference between covenants in general,...the obligee has his election. He may either bring an action of debt for the penalty, and recover the penalty (after which recovery of the penalty he... | |
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There is a difference between covenants in general, and covenants secured by a penalty or forfeiture. In the latter case the obligee has his election. He may either bring an action of debt for the penalty... 
