Covenant is an action to recover damages for the breach of a contract (covenant) under seal. The action lies on covenants contained in deeds either expressly, or by implication. It always lies on covenants under seal to pay money, or to do, or refrain from doing some act. Originally the action was confined to covenants concerning tenements, and was strictly an action upon a lease. It was the chief, if not sole remedy of the lessee against his lessor.6

Later the scope of the action of covenant was extended to cover any agreement under seal.

"One feature of the contract of covenant which impressed the lawyer of the thirteenth century was its remarkable scope. Bracton said that there were as many sorts of covenants as there are things to contract about. The Statute of Wales (1248) has an observation to the same effect and assigns the infinite variety of covenants as an excuse for not going into details about this form of engagement. Yet, as a matter of fact, few actions of covenant could have been brought prior to that time which did not involve a lease or transfer of tenements."7

Street's Foundations of Legal Liability, Vol. III, p. 215; "Nota, per Littleton, that if I lease land to another for a term of years by indenture and oust him, he shall have against me a writ of covenant. But if he be ousted by a stranger he shall have a writ of ejectione firmae against the stranger." Y. B., 32 Hen. VI, 32.

It was formerly held that it was not necessary to prove a consideration in an action on an instrument under seal. It is now considered more accurate to state that the seal implies a consideration.

Covenant lies only at the instance of a party to the covenant, but a party to the covenant may sue although he did not sign it. The action of covenant cannot be brought by a third person for whose benefit the covenant was made. A covenant does not die with the person. It is binding upon heirs and assigns.