Blacks Law Dict. 1st ed

COVENABLE

COVENANT

296

perform his part, and the other neglects or refuse* to perform his, he who is ready and offers has ful filled his engagement, and may maintain an action for the default of the other, though it is not cer> tain that either is obliged to do the first act. The third sort is where either party may recover dam ages from the other for the injuries he may have received by a breach of the covenants in his favor; and it is no excuse for the defendant to allege a breach of the covenants on the part of the plaintiff. 3 Ala. 330 Principal and auxiliary; the former be ing those which relate directly to the prin cipal matter of the contract entered into between the parties; while auxiliary cove nants are those which do not relate directly to the principal matter of contract between the parties, but to something connected with it. Inherent or collateral; the former being such as affect the particular property im mediately, while the latter affect some prop erty collateral thereto. Joint or several. The former bind both or all the covenantors together; the latter bind each of them sepaiately. A covenant may be both joint and several at the same time, as regards the covenantors; but, as regards the covenantees, they cannot be joint and several for one and the same cause, (5 Coke, 19a,) but must be either joint or several only. Covenants are usually joint or several accord ing as the interests of the covenantees are such; but the words of the covenant, where they are unambiguous, will decide, although, where they are ambiguous, the nature of the interests as being joint or several is left to decide. Brown. General or specific. The former relate to land generally and place the covenantee in the position of a specialty creditor only; the latter relate to particular lands and give the covenantee a lien thereon. Brown. Executed or executory; the former be ing such as relate to an act already per formed; while the latter are those whose per formance is to be future. Shep. Touch. 161. Affirmative or negative; the former be ing those in which the party binds himself to the existence of a pi esent state of facts as represented or to the future performance of some act; while the latter are those in which the covenantor obliges himself not to do or perform some act. Declaratory or obligatory: the former being those which serve to limit or direct uses; while the latter are those which are binding on the party himself. 1 Sid. 27; 1 Keb. 337.

or of securities, in order to guaranty the broker for the payment of the securities which he purchases for the client. Arg.Pr. Merc. Law, 555. COVENABLE. A French word signify ing convenient or suitable; as covenably en dowed. It is anciently written "convena ble." Termes de la Ley. COVENANT. In practice. The name of a common-law form of action ex contractu, which lies for the recovery of damages for breach of a covenant, or contract under seal. In the law of contracts. An agree ment, convention, or promise of two or more parties, by deed in writing, signed, sealed, and delivered, by which either of the parties pledges himself to the other that something is either done or shall be done, or stipulates for the truth of certain facts. An agreement between two or more par ties, reduced to writing and executed by a sealing and delivery thereof, whereby some of the parties named therein engage, or one of them engages, with the other, or others, or some of them, therein also named, that some act hath or hath not already been done, or for the performance or non-performance of some specified duty. 4 Whart. 71. A promise by deed. 2 Steph. Comm. 108 A species of express contract, contained in a deed, to do a direct act, or to omit one. 3 Bl. Comm. 155. Covenant is a contract, and is a writing obliga tory, or parol promise, according as it is sealed or not 8 Ala. 320 Covenants may be classified according to several distinct principles of division. Ac cording as one or other of these is adopted, they are: Express or implied; the former being those which are created by the express words of the parties to the deed declaratory of their intention, (Platt, Cov. 25;) while implied sovenants are those which are inferred by ihe law from certain words in a deed which imply (though they do not express) them. Express covenants are also called covenants "in deed," as distinguished from covenants "mlaw," Dependent, concurrent, and inde pendent. Covenants are either dependent, concurrent, or mutual and independent. Thefirstdepends on the prior performance of some act or condition, and, until the condition is performed, the other party is not liable to an action on his covenant. In the second, mutual acts are to be performed at the same time; and if one party is ready, and offers to

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