Gates v. Caldwell
Massachusetts Supreme Judicial Court
The declaration was “ in a plea of covenant broken, for that the said Joseph Caldwell, at said Barre, on the 19th day of August, 1806, then alive, by his deed, of that date, duly executed, acknowledged, and recorded, and in court to be produced, in consideration of 3400 dollars, paid him by the plaintiff, did grant, sell, and quitclaim, to him, his heirs and assigns, all the said Joseph Caldwell’s right, title, claim, and demand, in and unto the following pieces of land,…
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The declaration was “ in a plea of covenant broken, for that the said Joseph Caldwell, at said Barre, on the 19th day of August, 1806, then alive, by his deed, of that date, duly executed, acknowledged, and recorded, and in court to be produced, in consideration of 3400 dollars, paid him by the plaintiff, did grant, sell, and quitclaim, to him, his heirs and assigns, all the said Joseph Caldwell’s right, title, claim, and demand, in and unto the following pieces of land, with the buildings thereon, viz. &e., for a more particular description of the bounds of which said pieces of land, the…
1Opinion of the Court
Curia.
The objection is to the declaration, and in a point of form only; it being contended, that as there were express covenants in the deed, it was not competent for the plaintiff to declare upon an implied covenant. We do not understand, however, that the declaration rests upon an implied covenant; but that the plaintiff has spread out at length what he apprehends to be the legal effect and operation of the express covenant; and this he has a right to do, although in this case it seems not to have been necessary.
But we do not admit that there can be no covenants in law, or implied covenants…
2Cited by8 opinions
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