 The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the...  A Treatise on the Law of Merchant Shipping - Sida 440efter David Maclachlan - 1860 - 867 sidorObegränsad förhandsgranskning - Om den här boken
 | International Correspondence Schools - 1903 - 636 sidor
...equivalent to a repudiation of the contract."" 60. Lord Mansfield stated the doctrine in these words: "Where mutual covenants go to the whole of the consideration...conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, the defendant has a remedy on his... | |
 | Floyd Russell Mechem - 1902 - 788 sidor
...Richie v. Atkinson, 10 East, 205, that "where the covenants go only to a part of the consideration, there a remedy lies on the covenant to recover damages...breach of it, but it is not a condition precedent," to render judgment for the plaintiff, notwithstanding the significant words connected with the defendant's... | |
 | Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead - 1903 - 896 sidor
...and one of the means of discovering such intention is thus laid down in Ritchie v. Atkinson (2), " Where mutual covenants go to the whole of the consideration...precedent to the other; but, where the covenants go to a part only, there a *remedy lies on the covenant, to recover damages for the breach of it, but... | |
 | Samuel Williston - 1904 - 696 sidor
...title to convey. To which there was a general demurrer. LOBD MANSFIELD. The distinction is very clear, where mutual covenants go to the whole of the consideration...conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy... | |
 | Samuel Williston - 1904 - 696 sidor
...there was a general demurrer. LORD MANSFIELD. The distinction is very clear, where mutual cove'\ nants go to the whole of the consideration on both sides,...conditions, the one precedent to the other. But where they go only to a part, where a breach may he paid for in damages, there the defendant has a remedy... | |
 | Gawayne Baldwin Hamilton - 1904 - 350 sidor
...Independent Covenants. Where " Where mutual covenants go to the whole of the conprecedent! sideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, then the defendant has a remedy... | |
 | Lawrence Duckworth - 1904 - 200 sidor
...precedent. It is the general rule, where mutual covenants go to the whole consideration on both sides, that they are mutual conditions — the one precedent to the other ; but where they go only to a part, and a breach may be paid for in damages, there the defendant has a remedy on... | |
 | Missouri. Courts of Appeals - 1906 - 828 sidor
...MANSFIELD, in a note to Duke of Albans v. Shore, 1 H. Bl. 1. c. 273 : "The distinction is very clear, where mutual covenants go to the whole of the consideration...conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy... | |
 | Robert Frederick Norton, Robert Hay Dun, Digby Latimer Francis Koe - 1906 - 776 sidor
...negroes. On demurrer, Lord Mansfield, CJ, said (1 H. Bl. 273 n.) : " The distinction is very clear : where mutual covenants go to the whole of the consideration...conditions, the one precedent to the other ; but where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy... | |
 | John Edward Robert Stephens - 1908 - 246 sidor
...laid down with great accuracy by Lord Ellenborough in the case of Ritchie v. Atkinson (5) to be this, "that where mutual covenants go to the whole of the...breach of it ; but it is not a condition precedent." One of the questions of this kind which occurs most frequently, in contracts relating to shipping,... | |
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