Treatise On Obligations And Contracts
Treatise On Obligations And Contracts
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C. x$3t* pulated in case of non-execution, he is equally subject to the payment of them, saving his remedy against his co-obligor.
In the last of the three cases distinguished, the demand may be brought against any of the parties obliged : but as one is not wholly liable for the whole, but liable conjointly with the rest, he may require that they should be made parties and in- terpleaded; for the purpose of their jointly performing the engagement, or severally making good their shares of the da...mages for non-execution of it : if he neglect to require that they should interplead and be made parties in the suit, he will be liable to a judgment for the whole, saving his recourse against them.
348. When the indivisible obligation is for abstaining aitd ofraoli m from an act, as if one bind himself not to hinder his neigh- ^^^ nepat'^e.
bour from passmg on his land, the contravention of any one & 355—358, f his heirs gives a right of action against all the heirs, to P'ss*^!*'**^^* restrain tliem from such hinderance, and to recover damages against the contravening party for the whole, or against all of them for their shares of the compensation, saving their recourse against the contravening person for indemnification : since they are not, like him, answerable for the whole, but pnly for their proportionate shares of this secondary obliga- tion.
What to read after Treatise On Obligations And Contracts?
You can find similar books in the "Read Also" column, or choose other free books by H T Henry Thomas Colebrooke to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
C. x$3t* pulated in case of non-execution, he is equally subject to the payment of them, saving his remedy against his co-obligor.
In the last of the three cases distinguished, the demand may be brought against any of the parties obliged : but as one is not wholly liable for the whole, but liable conjointly with the rest, he may require that they should be made parties and in- terpleaded; for the purpose of their jointly performing the engagement, or severally making good their shares of the da...mages for non-execution of it : if he neglect to require that they should interplead and be made parties in the suit, he will be liable to a judgment for the whole, saving his recourse against them.
348. When the indivisible obligation is for abstaining aitd ofraoli m from an act, as if one bind himself not to hinder his neigh- ^^^ nepat'^e.
bour from passmg on his land, the contravention of any one & 355—358, f his heirs gives a right of action against all the heirs, to P'ss*^!*'**^^* restrain tliem from such hinderance, and to recover damages against the contravening party for the whole, or against all of them for their shares of the compensation, saving their recourse against the contravening person for indemnification : since they are not, like him, answerable for the whole, but pnly for their proportionate shares of this secondary obliga- tion.
What to read after Treatise On Obligations And Contracts?
You can find similar books in the "Read Also" column, or choose other free books by H T Henry Thomas Colebrooke to read onlineMoreLess
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