A Digest of Cases Decided and Reported in the Supreme Court of Judicature; And in the Court for the Correction of Errors, of the State of New York,

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1836. Excerpt: ... 13. The covenant of warranty applies as well to the possession as to the title. Rickerd v. Snyder, IX. 416. III. Covenants when dependent; when independent. 14. Covenants are independent where there is a covenant to convey by a day certain on the one part, and such day precedes the time of payment, the consideration of the act to be performed, stipulated in the covenant on the other side; and in such case, in an action by the party covenanting, to convey it is not necessary to aver performance on his part. Goodwin v. Holbrook, IV. 377. 15. Where, in a contract for the payment of a sum of money in salt, the party contracting to make the payment agreed to pack the salt in barrels in the usual way of packing salt, and the contract specified that the barrels were to be furnished and delivered at the place of manufacture by the party to whom the payment was to be made; it was held, that to entitle a party to sustain his action for the non-delivery of the salt, he was bound to aver that he had furnished the barrels, or had waived the performance of that part of the contract by which the manufacturer was bound to pack the salt in barrelsIbid. 16. Where there are mutual covenants, and the defendant has received the principal part of the consideration for the engagements on his part, the covenants of the parties will be construed to be independent, and the plaintiff will be allowed to maintain an action for the breach of the defendant's covenants, although he has failed in part in performance on his side. Tompkins v. Elliot, V. 496. 17. Thus it was held where a plaintiff transferred to the defendant his right to put in a crop of 90 acres of land cleared by him, although he failed in finishing the clearing and fencing the land as fast as the defendant required it f...