A Practical Treatise On the Law of Covenants
A Practical Treatise On the Law of Covenants
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( 9 ) Baker v. Bulstrode, 2 Lev.
(e) Bennet's case, ubi sup. 95 ; S. C. 1 Vent. 255 ; 1 Mod. More v. Roswell, Cro. Eliz. 297; 104 ; T. Ray. 232 ; 3 Keb. 273. S. C. Rosewell'scase, 5 Co. 19, b. Cole's case, Cro. Eliz. 97.
(/) Lamb's case, 5 Co. 23, b. ; (h) Lamb's case, sup. S. C. Nom. Lamb v. Brownwent, Chap. XL] For further Assurance. 351 assurance at the costs of the latter, A. Ought to give him notice what sort of assurance he will make ; and then B. Ought to tender the costs; and then A. Ou...ght to make the assurance. But on a covenant that A. Shall make a new demise to B. , at the costs of B. , or any particular assurance specified in the covenant, B. Ought first to tender the costs, and then A. Ought to make the assurance ; for in the former case, B. Cannot know what costs will be sufficient to tender, before he knows what sort of assurance A. Will make; but in the latter case, by the inspection of the cove- nant itself, he will know what sort of assurance will be made (i). In this respect, the report of Coke differs from the rest : It is there said, that it is all one, when the covenant is general, and when it is particular, as, to make a feoffment : the covenantor ought to do the first act, viz.
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To quickly assess the difficulty of the text, read a short excerpt:
( 9 ) Baker v. Bulstrode, 2 Lev.
(e) Bennet's case, ubi sup. 95 ; S. C. 1 Vent. 255 ; 1 Mod. More v. Roswell, Cro. Eliz. 297; 104 ; T. Ray. 232 ; 3 Keb. 273. S. C. Rosewell'scase, 5 Co. 19, b. Cole's case, Cro. Eliz. 97.
(/) Lamb's case, 5 Co. 23, b. ; (h) Lamb's case, sup. S. C. Nom. Lamb v. Brownwent, Chap. XL] For further Assurance. 351 assurance at the costs of the latter, A. Ought to give him notice what sort of assurance he will make ; and then B. Ought to tender the costs; and then A. Ou...ght to make the assurance. But on a covenant that A. Shall make a new demise to B. , at the costs of B. , or any particular assurance specified in the covenant, B. Ought first to tender the costs, and then A. Ought to make the assurance ; for in the former case, B. Cannot know what costs will be sufficient to tender, before he knows what sort of assurance A. Will make; but in the latter case, by the inspection of the cove- nant itself, he will know what sort of assurance will be made (i). In this respect, the report of Coke differs from the rest : It is there said, that it is all one, when the covenant is general, and when it is particular, as, to make a feoffment : the covenantor ought to do the first act, viz.
What to read after A Practical Treatise On the Law of Covenants?
You can find similar books in the "Read Also" column, or choose other free books by Thomas Platt to read onlineMoreLess
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