...dependent or independent according to the intention of the parties to be collected from the whole deed. Where mutual covenants go to the whole of the consideration...mutual conditions, the one precedent to the other. Where a covenant goes only to part of the consideration on both aides, and a breach of such covenant...

...Лрр. 43 — Montana Min. Co. v. St. Loula Miu. & Mill. Co. 19 Mont. 316, 48 Рас. 305. За. When mutual covenants go to the whole of the consideration...mutual conditions, the one precedent to the other. Lowber v. Jiangs. 2 Wall. 728, 17: 768 Cilt'l in Kauffmnn v. Uneder. T>4 bRA 25.4. 47 OCA 2*r,. 108...

...to the whole of the considera" tion on both sides, they are mutual conditions, the one pre" cedent to the other ; but where the covenants go only to...breach of it ; but it is not a condition "precedent." Bramwell, B., in Roberts v. Brett (c), in 1859, said : " Wherever the obvious good sense of the thing...

...promise of B. is dependent on the performance of his promise by A., whose promise in independent. "When mutual covenants go to the whole of the consideration...mutual conditions the one precedent to the other, but when the covenants go only to a part, then a remedy lies on the covenant to recover damages for the...

...classes of sale. 1 Wms. Saund. 320 I. The rules referred to as given by Bouvier (Inst. 701) are: Whin the mutual covenants go to the whole of the consideration...mutual conditions, the one precedent to the other. Where the act of one party must necessarily precede any act of (he other, as where one agrees to manufacture...

...case. It is stated by Lord Mansfield in Boone v. Eyre, 1 H. Bl. 273, in these words: "Where nnitu.il covenants go to the whole of the consideration on...conditions, the one precedent to the other; but where they only go to a part, where a breach may be paid for in damages, there the defendant has a remedy...

...negroes on the plantation. In a brief opinion, Lord Mansfield said: "The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual considerations, the one precedent to the other, but where they go only to a part, where a breach may...

...are bound to construe them as separate and independent of each other.14 Where the mutual agreements go to the whole of the consideration on both sides, they are, as a general rule, considered dependent,15 but it is said to be otherwise where the particular agreement...

...defendants in this case. It is stated by Lord Mansfield in Boone v. Eyre, 1 H. Bl. 273, in these words: "Where mutual covenants go to the whole of the consideration...conditions, the one precedent to the other ; but where they only go to a part, where a breach may be paid for in damages, there the defendant has a remedy...

...court aptly stated the law applicable to this condition., as laid down by Lord Mansfield, as follows : "Where mutual covenants go to the whole of the consideration...mutual conditions, the one precedent to the other ; but when they go only to a part where a breach may be paid for in damages, there the defendant has a remedy...