 | 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
...the .repairs 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
...a covenant goes only to part of the consideration on both sides, and a breach may be compensated by damages, it is an independent covenant, and an action may be maintained against the defendant for a breach of his covenant, without averring performance: Therefore, where... | |
 | New Jersey. Supreme Court - Law reports, digests, etc - 1816 - 540 pages
...Dyer 76. 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...independent covenant, and an action may be maintained for a breach of the covenant on the part of the defendant without averring performance in the declaration.... | |
 | Sir John Comyns - Digests, etc - 1822 - 652 pages
...to fulfil, the stipulation on his part. 6 TR 670. — 18. Where a covenant or promise goes only to part of the consideration on both sides, and a breach...covenant ; and an action may be maintained for the breach of the covenant, without averring performance in the declaration. 1 HB 273. — 19. Under an agreement... | |
 | Samuel Comyn - Contracts - 1824 - 680 pages
...action can be maintained for the money, &c. before performance. (r) 3d, Where a covenant goes only to part of the consideration on both sides, and a breach...independent covenant, and an action may be maintained for a breach of the covenant on the part of the defendant, without shewing performance. As where A. by... | |
 | Alabama. Supreme Court, George Noble Stewart - Law reports, digests, etc - 1835 - 526 pages
...can be maintained for the money or other thing, before performance. 3d. Where a covenant goes only to part of the consideration on both sides, and a breach...paid for in damages, it is an independent covenant. In support of each of these rules, many respectable authorities arc cited, and satisfactory comment... | |
 | John Simcoe Saunders - Civil procedure - 1831 - 598 pages
...deft.'s delivering them : Raynay v. Alexander, Yelv. 76. 3. " Where a contract or covenant goes only to part of the consideration on both sides, and a breach of such contract or covenant may be paid for in damages, it is an independent contract or covenant, and an... | |
| |
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,... 
