 | John Proffatt, Abraham Clark Freeman - Law reports, digests, etc - 1881 - 840 pages
...and Gould v. Banks, ante 90. In Grant v. Johnxon, 5 Barb. 161, 163; SC, 6 Id. 341, it is said that where a covenant, goes only to part of the consideration on both sides, and a breach of it may bo compensated in damages, it is independent, and on a breach of it the plaintiff may sue without... | |
 | Benjamin Vaughan Abbott - Law - 1879 - 1054 pages
...before the performance of the consideration. 2. Where a covenant goes only to part of the considerations on both sides, and a breach of such covenant may be...the covenant on the part of the defendant, without any averment of performance in the declaration. 3. Where two acts are to be done at the same time,... | |
 | Nevada. Supreme Court - Law reports, digests, etc - 1879 - 592 pages
...performance of that which is the consideration of the money or other act. And where a covenant goes only to a part of the consideration on both sides, and a breach...such covenant may be paid for in damages, it is an indepeudant covenant, and an action may be maintained for the breach of the covenant on the part of... | |
 | Illinois. Appellate Court, James Bolesworth Bradwell - Law reports, digests, etc - 1880 - 710 pages
...a time stated; and out of the proceeds of the collections these debts were to be paid by the bank. Where a covenant goes only to part of the consideration...covenant, and an action may be maintained for a breach on the part of defendant without averring performance on the part of the plaintiff. Nelson v. Owen,... | |
 | James Thomas Foard - Freight and freightage - 1880 - 678 pages
...maintained for the money before performance. " 3. Where a covenant (agreement, stipulation, or promise) goes only to part of the consideration on both sides, and a breach of such covenant or agreement, &c., may be paid for in damages, it is an independent covenant or contract, and an action... | |
 | Archibald Brown - Law - 1880 - 648 pages
...l Wms.Saund. (ed. 1871), p. f>48'.) (2.) Win -ro a covenant goes only to part of the considerations on both sides, and a breach of such covenant may be paid for in damage», it is an independent covenant, und a» action may be maintained for a breach of the covenant... | |
 | Law reports, digests, etc - 1902 - 1164 pages
...rescind the contract. In 1 Saund. 320, In a note to the case of Pordage v. Cole, it is stated 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. In Franklin v. Miller, 4 Adol. & E. 599, Llttledale, J., cited... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1886 - 612 pages
...have become maxims in the law. Among said rules is the following : "3. Where a covenant goes only to a part of the consideration on both sides, and a breach...the covenant on the part of the defendant without averring performance in the declaration." The contract between the parties in this case included the... | |
 | Law reports, digests, etc - 1886 - 948 pages
...become maxims in the law. Among said rules is the following : "(3) Where a covenant goes only to apart of the consideration on both sides, and a breach of...the covenant on the part of the defendant without averring performance in the declaration." The contract between the parties in this case included the... | |
 | Law reports, digests, etc - 1886 - 948 pages
...Serjeant Williams in his notes to Pordage v. Cole, 1 Saund. 3206, that where a covenant (of the plaintiff) goes only to part of the consideration on both sides,...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... | |
| |
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,... 
