A Concise Treatise On the Law of Covenants
A Concise Treatise On the Law of Covenants
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To quickly assess the difficulty of the text, read a short excerpt:
In Bar foot v. Freswett ' (x), there was a recital that hefore the sealing of the indenture it was agreed on consideration that the plaintiff should have a third part of the coal digged. On demurrer it was excepted that here was no covenant to pay the third part, but a recital of agreement to have it. But by Hales, C. J. , " were it but a recital that before the indenture they were agreed, it is a cove- nant ; and so to say ' whereas it was agreed to pay £20, ' for now the indenture itself conf...irms the agreement and intent precedent, though it be relative to the former act in pais, when it is declared by deed it is now a covenant by the indenture. " But a covenant to perform an act will not necessarily be implied from the fact that the act was within the contem- plation of the parties. Thus, a building agreement con- templates the acquisition of a triangular piece of land by the lessor, but it was held that no covenant by him to acquire it could be implied (//).
" The distinction between covenants implied by operation of law and express covenants is that express covenants are taken more strictly.
What to read after A Concise Treatise On the Law of Covenants?
You can find similar books in the "Read Also" column, or choose other free books by Gawayne Baldwin Hamilton to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
In Bar foot v. Freswett ' (x), there was a recital that hefore the sealing of the indenture it was agreed on consideration that the plaintiff should have a third part of the coal digged. On demurrer it was excepted that here was no covenant to pay the third part, but a recital of agreement to have it. But by Hales, C. J. , " were it but a recital that before the indenture they were agreed, it is a cove- nant ; and so to say ' whereas it was agreed to pay £20, ' for now the indenture itself conf...irms the agreement and intent precedent, though it be relative to the former act in pais, when it is declared by deed it is now a covenant by the indenture. " But a covenant to perform an act will not necessarily be implied from the fact that the act was within the contem- plation of the parties. Thus, a building agreement con- templates the acquisition of a triangular piece of land by the lessor, but it was held that no covenant by him to acquire it could be implied (//).
" The distinction between covenants implied by operation of law and express covenants is that express covenants are taken more strictly.
What to read after A Concise Treatise On the Law of Covenants?
You can find similar books in the "Read Also" column, or choose other free books by Gawayne Baldwin Hamilton to read onlineMoreLess
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