A Concise Treatise on the Law of CovenantsStevens, 1904 - 299 Seiten |
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45 Vict after-acquired property agreement assign bankruptcy Beav Bing bound breach of covenant building common law consent contained a covenant contract convey Conveyancing and Law Court Court of Equity cove covenant for quiet covenant for title covenant to repair covenant to settle covenanted to pay covenantee covenantor coverture damages deed deed poll defendant demised premises entitled equity Exch executors express covenant forfeiture grant heirs held husband implied covenant indenture interest Jones L. J. Ch L. J. Ex L. T. Rep land landlord Law of Property lease lessee covenanted lessor liable licence Lord marriage ment mortgage mortgagor Moxhay nant notice owner paid parties performance person plaintiff possession Property Act proviso purchaser Q. B. Div quiet enjoyment Railway Company re-entry recover restrictive covenant Saund sect seisin sold Taunt tenant term thereof trustees vendor void wife words
Beliebte Passagen
Seite 138 - ... specifying the particular breach complained of and, if the breach is capable of remedy, requiring the lessee to remedy the breach, and, in any case, requiring the lessee to make compensation in money fo'r the breach, and the lessee fails, within a reasonable time thereafter, to remedy the breach, if it is capable of remedy, and to make reasonable compensation in money, to the satisfaction of the lessor, for the breach.
Seite 42 - If a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed ; an action may be brought for the money, or for not doing such other act before performance, for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent. And so it is where no time is fixed for performance of that, which is...
Seite 227 - And be it enacted, that all contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void ; and that no suit shall be brought or maintained in any Court of law or equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the hands of any person to abide the event on which any wager shall have been made...
Seite 138 - ... in any action brought by himself, apply to the Court for relief ; and the Court may grant or refuse relief, as the Court, having regard to the proceedings and conduct of the parties under the foregoing provisions of this section, and to all the other circumstances, thinks fit ; and in case of relief may grant it on such terms, if any, as to costs, expenses, damages, compensation, penalty, or otherwise, including the granting of an injunction to restrain any like breach in the future, as the Court,...
Seite 244 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Seite 226 - That every contract made for or about any matter or thing which is prohibited and made unlawful by any statute is a void contract, though the statute itself doth not mention that it shall be so, but only inflicts a penalty on the offender, because a penalty implies a prohibition, though there are no prohibitory words in the statute...
Seite 42 - 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 defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Seite 37 - In the case of any covenant or contract made in consideration of marriage for the future settlement on or for the settlor's wife or children of any money or property wherein he had not at the date of his marriage any estate or interest...
Seite 189 - ... estate immediately expectant on the term granted by the lease, be annexed and incident to and shall go with that reversionary estate, or the several parts thereof, notwithstanding severance of that reversionary estate, and may be taken advantage of and enforced by the person in whom the term is from time to time vested by conveyance, devolution in law, or otherwise...
Seite 42 - ... or part of it, or for doing any other act, and the day is to happen or may happen before the thing which is the consideration of the money or other act is to be performed, an action may be brought for the money, or for not doing such other act before performance ; for it appears that the party relied upon his remedy, and did not intend " to make the performance a condition precedent...