McLaughlin v. Hutchins
Supreme Court of Arkansas
Eeeoe to Monroe Circuit Court. The action, in this case, was in covenant, returnable to March term, 1838. The declaration was, that McLaughlin, on the 15th day of September, A. D. 1836, by his bond, of that date, together with one Jesse McLaughlin, who was not sued, covenanted and agreed with the plaintiff, to pay him the sum of one hundred dollars; with a breach, “ that the defendant had not paid the plaintiff the said sum of money, or any part thereof,, according to the…
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Eeeoe to Monroe Circuit Court. The action, in this case, was in covenant, returnable to March term, 1838. The declaration was, that McLaughlin, on the 15th day of September, A. D. 1836, by his bond, of that date, together with one Jesse McLaughlin, who was not sued, covenanted and agreed with the plaintiff, to pay him the sum of one hundred dollars; with a breach, “ that the defendant had not paid the plaintiff the said sum of money, or any part thereof,, according to the true intent and meaning of said covenant and bond; and so the said plaintiff, in fact, saith, that the said defendant…
1Opinion of the Court
Dickissoi?, Judge,
delivered the opinion of the court:
A covenant is an agreement entered into, bj deed, between two or more persons, for tire breach of which an action of covenant will lie at the suit of the party injured, to recover damages for the loss which he has sustained. If for a sum certain, debt and covenant are, in general, concurrent remedies. But if the damages are unliquida-ted or incapable of being reduced by averment to a certainty, debt is not maintainable: it lies only for money in numero. Where bonds, guarded by penalties, are executed as additional securities for the…
2Cases cited1 opinion
- Beasley v. GillespieCourt of Appeals of Kentucky · 1816
3Cited by4 opinions
- Farmers' Exchange v. DrakeSupreme Court of Arkansas · 1926
- Wyatt v. WhiteTexas Commission of Appeals · 1921
- Dashley v. DanielCourt of Appeals for the Ninth Circuit · 1913
- Wyatt v. WhiteTexas Commission of Appeals · 1921