 | Robert Campbell - 1898 - 872 ページ
...government. In Brcwster v. Kitckell, 1 Salk. 198, it is said by HOLT, Ch. J., that " if a man covenant to do a thing which is lawful, and an Act of Parliament comes and hinders him from doing it, the covenant is repealed ; " now it is as much competent to the King... | |
 | Herbert Broom - 1900 - 888 ページ
...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 lawful, and an Act...repealed. But, if a man covenants not to do a thing which then was unlawful, and an Act comes and makes it lawful to do it, such Act of Parliament does not repeal... | |
 | Sir Joseph Arnould, Edward Louis De Hart, Ralph Iliff Simey - 1901 - 912 ページ
...is an old principle of law, that if a man covenants to do a thing which is lawful at the time, hut an Act of Parliament comes in and hinders him from doing it, the covenant is repealed (k) . "The same rule," said Arnould(/), "extends to warranties ; and it may be stated generally, that... | |
 | Samuel Williston - 1904 - 696 ページ
...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 So if H. covenants to do a thing which is lawful, and an act...hinders him from doing it, the covenant is repealed." To apply the foregoing observations to the present case : The defendant has covenanted that his " assigns... | |
 | Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead - 1904 - 952 ページ
...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covenant : so if H. covenants to do a thing which is lawful, and an Act...hinders him from doing it, the covenant is repealed : " Brewiter v. Kitchell (i). It may also be collected from Com. Dig. Condition (D. 1), (L. 13), and... | |
 | Gawayne Baldwin Hamilton - 1904 - 350 ページ
...Public Health Act, 1875 (t), cannot be sold free from restrictive covenants binding the land («). If A. covenants to do a thing which is lawful, and an Act of Parliament conies and hinders him from doing it, the covenant is repealed (x). If a man covenants to do a thing... | |
 | Oudh (India). Court of the Judicial Commissioner - 1904 - 476 ページ
...of Parliament comes after and compels him to do it, the statute repeals the covenant, or where a man covenants to do a thing which is lawful, and an Act of Parliament is passed which hinders him from doing it, the covenant is repealed. But if a man covenants not to... | |
 | 1905 - 844 ページ
...case does not come within the principle of Breicstor v. Kitchcll, 1 Salk. 198, where it was said that, if one covenants to do a thing which is lawful, and...hinders him from doing it, the covenant is repealed. § No act of Congress was passed, subsequent* ly to the raaking'of the contract, which made it unlawful,... | |
 | 1905 - 954 ページ
...case does not come within the principle of Brewster v. Kitchell, i Salk. 198, where it was said that, if one covenants to do a thing which is lawful, and...hinders him from doing it, the covenant is repealed. No act of Congress was passed, subsequently to the making of the contract, which made it unlawful,... | |
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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... 
