 | William Albert Keener - Contracts - 1898 - 984 pages
...covenant goes only to a 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 without averring performance." The rule is not free from obscurity. It was given by Lord Mansfield... | |
 | Law reports, digests, etc - 1897 - 1016 pages
...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,...action may be maintained for a breach of the covenant on the part of the defendant without averring performance in the declaration." And the learned annotator,... | |
 | Law reports, digests, etc - 1901 - 1242 pages
...the consideration on both sides, and a breach of such covenant may be paid for In damages, it is ¡in independent covenant, and an action may be maintained for a breach of the contract on the part of the defendant without averring performance in the declaration. It, of course,... | |
 | Kentucky - Civil procedure - 1902 - 1282 pages
...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,...action may be maintained for a breach of the covenant, on the part of the defendant, without averring [full] performance in the declaration. . . . And the... | |
 | Samuel Williston - Contracts - 1904 - 696 pages
...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,...action may be maintained for a breach of the covenant on the part of the defendant without averring performance in the declaration. 4. But where the mutual... | |
 | Ohio. Circuit Court - Law reports, digests, etc - 1904 - 658 pages
...covenant goes only to a part of the consideration on both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant,...action may be maintained for a breach of the covenant, on the part of the defendant, without averring performance, in the declaration." It is contended here... | |
 | Robert Frederick Norton, Robert Hay Dun, Digby Latimer Francis Koe - Deeds - 1906 - 776 pages
...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,...action may be maintained for a breach of the covenant on the part of the defendant without averring performance in the declaration." The leading case on... | |
 | New York (State). Court of Appeals - Law reports, digests, etc - 1907 - 594 pages
...covenant goes only to a part of the consideration on both sides, and a breach of such covenant, may be paid for in damages, it is an independent covenant,...action may be maintained for a breach of the covenant on the part of the defendant, without averring performance in the declaration. "5. Where two acts are... | |
 | Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead - Law reports, digests, etc - 1907 - 868 pages
...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 the breach of the covenant on the part of the defendant, without averring performance in the declaration."... | |
 | Australia. High Court - Law reports, digests, etc - 1907 - 962 pages
...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 the breach of the covenant on the part of the defendant, without averring performance in the declaration."... | |
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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,... 
