Rules for the Interpretation of Deeds With a Glossary
Rules for the Interpretation of Deeds With a Glossary
Howard Warburton Elphinstone
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See Leake on Contracts, p. 458. Examples (1) where the express words created a joint liability. — Joint covenant given by continuing partners to a re- tiring partner for indemnity (Sumner v. Powell, 2 Mer. 30; S. C, 1 Turn. & Russ. 423); or to pay specified sums to him; Wil- mer v. Curry, 2 De G. & Sm. 347. Lease to partners of a house in which they carried on their business, containing joint covenants by them; Clarke v. Bickers, 14 Sim. 639. Lease to C, contain- ing covenants by C. And D. To r...epair, &c. , Copland v. Laporte, 8 A. & E. 517. See the remarks on Wilmer v. Currey by Jessel, M. R. , Beresford v. Browning, 20 Eq. , at p. 576. Examples (2) where the express words created several liability. — ■'■'■ Conveyiiunt separatim ;"" Mathewson'S Case, 5 Rep. 225. A. , as principal, and B. , C, and D. , as sureties, executed a bond in the form: "We, A. , B. , C, and D. , are held and firmly bound to E. In the sum of £50 each, to be paid to E. , his execu- tors, &c. ; to which' payment we hereby bind us and each of us, our and each of our heirs, executors, and administrators, and every of them.
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