 | Ohio. Circuit Court - 1904 - 658 σελίδες
...Sergeant Williams in his note to Portage v. Cole, 1 Wms. Saund., 319 : "Where a covenant goes only to a part of the consideration on both sides, and a breach...without averring performance, in the declaration." It is contended here on the part of the defendant that it devolves upon the plaintiff to make a tender... | |
 | Theophilus Parsons - 1904 - 1026 σελίδες
...Rider ». Pond, 18 Barb. 179. — 8. " Where a covenant goes only to part of the consideration on l>oth sides, and a breach of such covenant may be paid for...covenant on the part of the defendant, without averring it * is a presumption of law that parties to a simple * 531 contract intended to bind not only themselves,... | |
 | Gawayne Baldwin Hamilton - 1904 - 350 σελίδες
...of having a new lease. " (3.) Where a covenant goes only to part of the con- independent sideration on both sides, and a breach of such covenant may be paid for in damages, it is an independent cove- consideranant, and an action may be maintained for a breach of covenant on the part of the defendant... | |
 | Samuel Williston - 1904 - 696 σελίδες
...forms a part of the consideration on the plaintiff's side for the defendant's covenant on the other, and a breach of such covenant may be paid for in damages, and the whole of the remaining consideration has been had by the defendant, the covenant is independent,... | |
 | 1905 - 1010 σελίδες
...performance insisted upon was conditioned upon the performance which has failed. Where a covenant foes only to part of the consideration on both sides, and a breach of fuch covenant may be paid for in damages, it is an independent covenant, and au action may be maintained... | |
 | Robert Frederick Norton - 1906 - 774 σελίδες
...whole consideration on both sides, they are mutual considerations, and performance must be averred." " Where a covenant goes only to part of the consideration...without averring performance in the declaration." The leading case on both branches of this rule is Boonc v. Eyre (1777), 1 H. B1. 273 n. ; 2 W. Bl.... | |
 | New York (State). Court of Appeals - 1907 - 594 σελίδες
...action can be maintained for the money. &c., before performance. "3. Where a covenant goes only to a part of the consideration on both sides, and a breach...defendant, without averring performance in the declaration. "5. Where two acts are to be done at the same time,as where A covenants to convey an estate to B, on... | |
 | Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead - 1907 - 868 σελίδες
...defendants are now bound to pay for the land, upon the principle laid down in Pordaoe v. Cole (a), that, " where a covenant goes only to part of the consideration...independent covenant, and an action may be maintained for the breach of the covenant on the part of the defendant, without averring performance in the declaration."... | |
 | Australia. High Court - 1907 - 962 σελίδες
...think, within the third of the well-known rules formulated in the notes to PordasIt, v. Cole (3). " When a covenant goes only to part of the consideration...independent covenant, and an action may be maintained for the breach of the covenant on the part of the defendant, without averring performance in the declaration."... | |
 | Edward Beal - 1908 - 766 σελίδες
...whole of the consideration on both sides, they are 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 may be paid for in damages, it is an independent covenant. " The... | |
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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,... 
