Bean v. Atwater
Supreme Court of Connecticut
This was an action of debt on covenant, demanding the sum of 8000 dollars. The declaration stated, That the defendants, in and by certain articles of agreement, under their hands and seals, and by them well executed, dated the 26th day of August, 1816, for and in consideration of the covenants and undertakings on the part of the plaintiff in said articles of agreement contained, covenanted and agreed with the plaintiff, to pay to him the sum of 4000 dollars, in manner…
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This was an action of debt on covenant, demanding the sum of 8000 dollars. The declaration stated, That the defendants, in and by certain articles of agreement, under their hands and seals, and by them well executed, dated the 26th day of August, 1816, for and in consideration of the covenants and undertakings on the part of the plaintiff in said articles of agreement contained, covenanted and agreed with the plaintiff, to pay to him the sum of 4000 dollars, in manner following, that is to say, 500 dollars, on the execution of said articles; 500 dollars, on or before the first day of the then…
1Opinion of the Court
Hosmer, Ch. J.
The plaintiff can alone recover, on the facts stated in his declaration. If on examination of the covenant counted on, it appears, that there has been an entire performance of every stipulation on his part; this, undoubtedly, evinces a good cause of action for the whole consideration of the lands; but unless the declaration comports with this state of facts, the defendants are entitled to judg*10ment. If the plaintiff recover, it must be secundum allegata et probata.
The plaintiff has not founded his action on a performance of contract, either in whole or in part. He has merely…
2Cases cited1 opinion
- Town of Hebron v. Town of MarlboroughSupreme Court of Connecticut · 1816
3Cited by17 opinions
- Root v. King & VerplanckNew York Supreme Court · 1827
- Dollner, Potter & Co. v. SnowSupreme Court of Florida · 1877
- Hammond v. Gilmore's AdministratorSupreme Court of Connecticut · 1841
- Hill v. GrigsbyCalifornia Supreme Court · 1868
- Leopold v. SalkeyIllinois Supreme Court · 1878
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