 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,...  The Saskatchewan Law Reports - Page 181910Full view - About this book
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1913 - 996 pages
...neglected to have been made. Where a covenant goes only to part of the consideration 011 both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant." We regard the rule announced in these cases as sound when applied to the facts of this case, and therefore... | |
 | Pennsylvania. Supreme Court, Horace Binney - Law reports, digests, etc - 1815 - 626 pages
...neglected to have been made. Where a covenant goes only to pan 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, without averring... | |
 | New Jersey. Supreme Court - Law reports, digests, etc - 1816 - 540 pages
...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, and an action may be maintained for a breach of the covenant on the part of the defendant without averring... | |
 | Sir John Comyns - Digests, etc - 1822 - 652 pages
...6 TR 670. — 18. Where a covenant or promise 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 the breach of the covenant, without averring performance in the declaration.... | |
 | Samuel Comyn - Contracts - 1824 - 680 pages
...before performance. (r) 3d, 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, without shewing... | |
 | Alabama. Supreme Court, George Noble Stewart - Law reports, digests, etc - 1835 - 526 pages
...thing, before performance. 3d. 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. In support of each of these rules, many respectable authorities arc cited, and satisfactory comment... | |
 | Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson - Law reports, digests, etc - 1834 - 918 pages
...Williams, in 1 Saund. 320 b, that "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 by the defendant, without averring performance... | |
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