Ridgell v. Dale
Supreme Court of Alabama
■Error to the Circuit Court of Barbour. Tried before the Hon. George .Goldthwaite, 1. The breach must be within the words of the covenant: it must appear from the declaration thht the covenant was broken. Bearcc v. Jackson, 4 Mass. Rep. 408; Twamly v. Henly, ib. 441; Prescott v. Truman, ib. 627; Richert v. Sniffer, 9 Wend. 416; Pollard v. Dwight, 4 Crunch, 421; 2 Baton’s Ab. (Am. ed. 1846,) p. 577, 578, 580, 582, 585. 2. Covenant must be construed as commonly understood.
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■Error to the Circuit Court of Barbour. Tried before the Hon. George .Goldthwaite, 1. The breach must be within the words of the covenant: it must appear from the declaration thht the covenant was broken. Bearcc v. Jackson, 4 Mass. Rep. 408; Twamly v. Henly, ib. 441; Prescott v. Truman, ib. 627; Richert v. Sniffer, 9 Wend. 416; Pollard v. Dwight, 4 Crunch, 421; 2 Baton’s Ab. (Am. ed. 1846,) p. 577, 578, 580, 582, 585. 2. Covenant must be construed as commonly understood. Pavey & Orr v. Burch, 3 Missouri, 447. In the case at bar the covenant may have been intended to embrace liabilities to the…
1Opinion of the CourtDargan, J.
This was ap action of debt .on a bond, executed by the defendant below and others to the plaintiff, in the sum of six thousand dollars? bearing date the 14th day of May 1844, which was subject to a condition in the following words: Whereas, the said Robert O. Dale has executed to us his three .several promissory notes, amounting in all to five thousand *38dollars, one for sixteen hundred and sixty-six dollars and sixty-six cents, due six months after date, the others for the same amount, due at nine and twelve months, together with a mortgage of real estate with power of sale to secure their…
2Cases cited1 opinion
- Rickert v. SynderNew York Supreme Court · 1832
3Cited by1 opinion
- Pyle v. PizitzSupreme Court of Alabama · 1926