Sec. 22. Relation Between Debt And Covenant After Covenant Developed As A Separate Action, The Original Common-Law Rule That Actions Could Not Be Concurrent Made Debt And Covenant Mutually Exclusive; And The Rule That The Earlier Action Could Not Be Dispossessed By The New-Comer, Made Debt And Not Covenant The Remedy For A Sealed Covenant To Pay A Definite Sum Of Money
Description
This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
Sec. 22. Relation Between Debt And Covenant After Covenant Developed As A Separate Action, The Original Common-Law Rule That Actions Could Not Be Concurrent Made Debt And Covenant Mutually Exclusive; And The Rule That The Earlier Action Could Not Be Dispossessed By The New-Comer, Made Debt And Not Covenant The Remedy For A Sealed Covenant To Pay A Definite Sum Of Money
It was not till the seventeenth century that the creditor had his choice between debt and covenant where a fixed and liquidated sum of money was due and owing under a sealed instrument,1
Continue to:
My Books
