Parliament ? this is the difference, viz., where H. covenants not to do an act or thing which was lawful to do, and an Act of Parliament comes after, and compels him to do it, the statute repeals the covenant; so, if H. covenants to do a thing which is... Term Reports in the Court of King's Bench - Page 95de Great Britain. Court of King's Bench, Charles Durnford - 1817Affichage du livre entier - À propos de ce livre
| Great Britain. Court of King's Bench, William Salkeld - 1795 - 534 pages
...compels him to do it, the ftatutc repeals the covenant : So .,,} , , . it-i ri tn »f H- covenants to do a thing which is lawful, and an act of parliament comes in and hinders him from doing it, the covenant ia repealed (Í). Vide Dyer 27. fl. 278. But if... | |
| Henry Ballow, John Fonblanque - 1820 - 492 pages
...(r). (;•) From the rule laid down in Brewster v. Kitchen, i Salk. 198 ; that where a man covenants to do a thing which is lawful, and an act of parliament comes and hinders him from doing it, the covenant is repealed ; it might be inferred, that the I)ean... | |
| William Woodfall - 1822 - 722 pages
...comes afterwards and compels him to do it, the statute repeals the covenant : so, if one covenants to do a thing which is lawful, and an Act of Parliament comes in and hinders him from doing it, the covenant is repealed ; but if a man covenants not to do... | |
| 1869 - 1032 pages
...parliament comes after and compels him to do it, the statute repeals the covenant. So, if H. covenants to do a thing which is lawful, and an act of parliament comes in and hinders him from doing it, the covenant is repealed." To apply the foregoing observations... | |
| John William Smith - 1841 - 744 pages
...by no means necessary ; for in Brewster v. Kitchall (a) Holt, Ch. J., said, " If H. (<•) SU 198. covenant to do a thing which is lawful, and an act...which is the same thing ; and the rule of law applies, /-•.<• rum coffit adimpossibilia. A bankrupt is discharged by the bankrupt laws from such obligations... | |
| Herbert Broom - 1852 - 616 pages
...Parliament comes after and compels him to do it, the statute repeals the covenant. So, if H. covenants to do a thing which is lawful, and an act of Parliament comes in and hinders *him from doing it, the L -I covenant is repealed. But, if a man covenants not... | |
| |