...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...

...joint covenant, notwithstanding their several interests in the land. Phillip* v. Bonsall, "• I38 2. Where 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...

...resolution. 1 Salk 171. 12 JOHNSON Mod. 462. 1 Ld. Ray. 665. 1 Lutto. 351. 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 in damages, it is an independent covenant,...

...return cargo was not to be furnished out of the proceeds arising from the brandy. At all events, the covenant goes only to part of the consideration on both sides, and therefore falls within the doctrine laid down by Lord Mansfield, in Boone v. Eyre, viz. thai a breach...

...return cargo was not to be furnished out of the proceeds arising from the brandy. At all events, the covenant goes only to part of the consideration on both sides, and therefore falls within the doctrine laid down by Lord Mansfield, in Boone v. Eyre, viz. that a breach...

...fulfilled, or offered 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,...independent covenant ; and an action may be maintained for the breach of the covenant, without averring performance in the declaration. 1 HB 273. — 19. Under...

...ably and clearly laid down by Mr. Serjeant Williams, in his note to Pordage v. Cole (a), vie. that " where a covenant goes only to part of the consideration...the covenant on the part of the defendant, without averring performance in the declaration." On that rule I now found my opinion. The cases to which my...

...ably and clearly laid down by Mr. Serjeant Williams, in his note to Pordage v. Cole (a), vis. that " where a covenant goes only to part of the consideration...independent covenant; and an action may be maintained fora breach of the covenant on the part of the defendant, without averring performance in the declaration."...

...&c. is to be performed, no action can be maintained for the money or other thing, before performance. 3d. Where a covenant goes only to part of the consideration...paid for in damages, it is an independent covenant. In support of each of these rules, many respectable authorities arc cited, and satisfactory comment...

...expressly to the specific class of cases embraced by his third head; that is to say, to cases where the covenant goes only to part of the consideration on...breach of such covenant may be paid for in damages, which he says makes an independent covenant. And having cited all the cases which belonged to this...