| slovo | definícia |
covenant
(mass) | covenant
- zmluva, zazmluvniť |
covenant
(encz) | covenant,dohoda pcernoch@imc.cas.cz |
covenant
(encz) | covenant,pakt pcernoch@imc.cas.cz |
covenant
(encz) | covenant,slavnostně se zavázat pcernoch@imc.cas.cz |
covenant
(encz) | covenant,slavnostní smlouva pcernoch@imc.cas.cz |
covenant
(encz) | covenant,smlouva [eko.] RNDr. Pavel Piskač |
covenant
(encz) | covenant,stanovy pcernoch@imc.cas.cz |
covenant
(encz) | covenant,úmluva n: Zdeněk Brož |
covenant
(encz) | covenant,závazek pcernoch@imc.cas.cz |
Covenant
(gcide) | Covenant \Cov"e*nant\ (k?v"?-nant), n. [OF. covenant, fr. F. &
OF. convenir to agree, L. convenire. See Convene.]
[1913 Webster]
1. A mutual agreement of two or more persons or parties, or
one of the stipulations in such an agreement.
[1913 Webster]
Then Jonathan and David made a covenant. --1 Sam.
xviiii. 3.
[1913 Webster]
Let there be covenants drawn between us. --Shak.
[1913 Webster]
If we conclude a peace,
It shall be with such strict and severe covenants
As little shall the Frenchmen gain thereby. --Shak.
[1913 Webster]
2. (Eccl. Hist.) An agreement made by the Scottish Parliament
in 1638, and by the English Parliament in 1643, to
preserve the reformed religion in Scotland, and to
extirpate popery and prelacy; -- usually called the
"Solemn League and Covenant."
[1913 Webster]
He [Wharton] was born in the days of the Covenant,
and was the heir of a covenanted house. --Macaulay.
[1913 Webster]
3. (Theol.) The promises of God as revealed in the
Scriptures, conditioned on certain terms on the part of
man, as obedience, repentance, faith, etc.
[1913 Webster]
I will establish my covenant between me and thee and
thy seed after thee in their generations for an
everlasting covenant, to be a God unto thee, and to
thy seed after thee. --Gen. xvii.
7.
[1913 Webster]
4. A solemn compact between members of a church to maintain
its faith, discipline, etc.
[1913 Webster]
5. (Law)
(a) An undertaking, on sufficient consideration, in
writing and under seal, to do or to refrain from some
act or thing; a contract; a stipulation; also, the
document or writing containing the terms of agreement.
(b) A form of action for the violation of a promise or
contract under seal.
Syn: Agreement; contract; compact; bargain; arrangement;
stipulation.
Usage: Covenant, Contract, Compact, Stipulation.
These words all denote a mutual agreement between two
parties. Covenant is frequently used in a religious
sense; as, the covenant of works or of grace; a church
covenant; the Solemn League and Covenant. Contract is
the word most used in the business of life. Crabb and
Taylor are wrong in saying that a contract must always
be in writing. There are oral and implied contracts as
well as written ones, and these are equally enforced
by law. In legal usage, the word covenant has an
important place as connected with contracts. A compact
is only a stronger and more solemn contract. The term
is chiefly applied to political alliances. Thus, the
old Confederation was a compact between the States.
Under the present Federal Constitution, no individual
State can, without consent of Congress, enter into a
compact with any other State or foreign power. A
stipulation is one of the articles or provisions of a
contract.
[1913 Webster] |
Covenant
(gcide) | Covenant \Cov"e*nant\ (k?v"?-n?nt), v. i. [imp. & p. p.
Covenanted; p. pr. & vb. n. Covenanting.]
To agree (with); to enter into a formal agreement; to bind
one's self by contract; to make a stipulation.
[1913 Webster]
Jupiter covenanted with him, that it should be hot or
cold, wet or dry, . . . as the tenant should direct.
--L'Estrange.
[1913 Webster]
And they covenanted with him for thyrty pieces of
silver. --Matt. xxvi.
15.
Syn: To agree; contract; bargain; stipulate.
[1913 Webster] |
Covenant
(gcide) | Covenant \Cov"e*nant\, v. t.
To grant or promise by covenant.
[1913 Webster]
My covenant of peace that I covenanted with you.
--Wyclif.
[1913 Webster] |
covenant
(wn) | covenant
n 1: a signed written agreement between two or more parties
(nations) to perform some action [syn: covenant,
compact, concordat]
2: (Bible) an agreement between God and his people in which God
makes certain promises and requires certain behavior from
them in return
v 1: enter into a covenant
2: enter into a covenant or formal agreement; "They covenanted
with Judas for 30 pieces of silver"; "The nations covenanted
to fight terrorism around the world" |
COVENANT
(bouvier) | COVENANT, remedies. The name of an action instituted for the recovery of
damages for the breach of a covenant or promise under seal. 2 Ld. Raym. 1536
F; N. B. 145 Com. Dig. Pleader, 2 V 2 Id. Covenant, A 1; Bouv. Inst. Index,
h.t.
2. The subject will be considered with reference, 1. To the kind of
claim or obligation on which this action may be maintained. 2. The form of
the declaration. 3. The plea. 4. The judgment.
3.-1. To support this action, there must be a breach of a promise
under seal. 6 Port. R. 201; 5 Pike, 263; 4 Dana, 381; 6 Miss. R. 29. Such
promise may be contained in a deed-poll, or indenture, or be express or
implied by. law from the terms of the deed; or for the performance of
something in futuro, or that something has been done; or in some cases,
though it relate to something in presenti, as that the covenantor has, a
good title. 2 Saund. 181, b. Though, in general, it is said that covenant
will not lie on a contract inpresenti, as on a covenant to stand seized, or
that a certain horse shall henceforth be the property of another. Plowd.
308; Com. Dig. Covenant, A 1; 1 Chit. PI.. 110. The action of covenant is
the peculiar remedy for the non-performance of a promise under seal, where
the damages are unliquidated, and depend in amount on the opinion of a jury,
in which case neither debt nor assumpsit can be supported but covenant as
well as the action of debt, may be maintained upon a single bill for a sum
certain. When the breach of the covenant amounts to misfeasance, the
covenantee has an election to proceed by action of covenant, or by action on
the case for a tort, as against a lessee, either during his term or
afterwards, for waste; 2 Bl. R. 1111; 2 Bl. R. 848; but this has been
questioned. When the contract under seal has been enlarged by parol, the
substituted agreement will be considered, together with the original
agreement, as a simple contract. 2 Watt's R. 451 1 Chit. Pl. 96; 3 T. R.
590.
4.-2. The declaration must state that the contract was under seal and
it should make proffer of it, or show some excuse for the omission. 3 T. 11.
151. It is not, in general, requisite to state tho consideration of the
defendant's promise, because a contract under seal usually imports a
consideration; but when the performance of the consideration constitutes a
condition precedent, such performance must be averred. So much only of the
deed and covenant should be set forth as is essential to the cause of
action: although it is usual to declare in the words of the deed, each
covenant may be stated as to its legal effect. The breach may be in the
negative of the covenant generally 4 Dall. R. 436; or, according to the
legal effect, and sometimes in the alternative and several breaches may be
assigned at common law. Damages being the object of the suit, should be laid
sufficient to cover the real amount. Vide 3 Serg. & Rawle, 364; 4 Dall. R.
436 2 Yeates' R. 470 3 Serg. & Rawle, 564, 567; 9 Serg. & Rawle, 45.
5.-3. It is said that strictly there is no general issue in this
action, though the plea of non est factum has been said by an intelligent
writer to be the general issue. Steph. Pl. 174. But this plea only puts in
issue the fact of scaling the deed. 1 Chit. Pl. 116. Non infregit
conventionem, and nil debet, have both been held to be insufficient. Com.
Dig. Pleader, 2 V 4. In Pennsylvania, by a practice peculiar to that state,
the defendant may plead covenants and under this. plea, upon notice of the
special matter, in writing, to the plaintiff, without form, he may give
anything in evidence which he might have pleaded. 4 Dall. 439; 2 Yeates,
107; 15 Serg. & Rawle, 105. And this evidence, it seems, may be given in the
circuit courts of the United States in that state without notice, unless
called for 2 W. C. C. R. 4 5 6.
6.-4. The judgment is that the plaintiff recover a named sum for his
damages, which he has sustained by reason of the breach or breaches of
covenant, together with costs.
|
COVENANT
(bouvier) | COVENANT, contracts. A covenant, conventio, in its most general
signification, means any kind of promise or contract, whether it be made in
writing or by parol. Hawk. P. C. b. 1, c. 27, Sec. 7, s. 4. In a more
technical sense, and the one in which it is here considered, a covenant is
an agreement between two or more persons, entered into in writing and under
seal, whereby either party stipulates for the truth of certain facts, or
promises to perform or give something to the other, or to abstain from the
performance of certain things. 2 Bl. Com. 303-4; Bac. Ab. Covenant, in pr.;
4 Cruise, 446; Sheppard, Touchs. 160; 1 Harring. 151, 233 1 Bibb, 379; 2
Bibb, 614; 3 John. 44; 20 John. 85; 4 Day, 321.
2. It differs from an express assumpsit in this, that the former may be
verbal, or in writing not under seal, while the latter must always be by
deed. In an assumpsit, a consideration must be shown; in a covenant no
consideration is necessary to give it validity, even in a court of equity.
Plowd. 308; 7 T. R. 447; 4 Barn. & Ald. 652; 3 Bingh. 111.
3. It is proposed to consider first, the general requisites of a
covenant; and secondly, the several kinds of covenants.
4.-1. The general requisites are, 1st. Proper parties. 2d. Words of
agreement. 3d A legal purpose. 4th. A proper form.
5.-1st. The parties must be such as by law can enter into a contract.
If either for want of understanding, as in the case of an idiot or lunatic;
or in the case of an infant, where the contract is not for his benefit; or
where there is understanding, but owing to certain causes, as coverture, in
the case of a married woman, or duress, in every case, the parties are not
competent, they cannot bind themselves. See Parties to Actions.
6.-2d. There must be an agreement. The assent or consent must be
mutual for the agreement would be incomplete if either party withheld his
assent to any of its terms. The assent of the parties to a contract
necessarily supposes a free, fair, serious exercise of the reasoning
faculty. Now, if from any cause, this free assent be not given, the contract
is not binding. See Consent.
7.-3d. A covenant against any positive law, or public policy, is,
generally speaking, void. See Nullity; Shep. Touchs. 163. As an example of
the first, is a covenant by one man that he will rob another; and of the
last, a covenant by a merchant or tradesman that he will not follow his
occupation or calling. This, if it be unlimited, is absolutely void but, if
the covenant be that he shall not pursue his business in a particular place,
as, that he will not trade in the city of Philadelphia, the covenant is no
longer against public policy. See Shep. Touchs. 164. A covenant to do an
impossible thing is also void. Ib.
8.-4th. To make a covenant, it must, according to the definition
above given, be by deed, or under seal. No particular form of words is
necessary to make a covenant, but any words which manifest the intention of
the parties, in respect to the subject matter of the contract, are
sufficient. Sec numerous examples in Bac. Abr. Covenant, A Selw. N. P. 469;
Com. Dig. Covenant, A 2; 3 Johns. R. 44; 5 Munf. 483.
9. In Pennsylvania, Delaware, and Missouri, it is declared by statute
that the words grant, bargain, and sell, shall amount to a covenant that the
grantor was seised of an estate in fee, free from all incumbrances done or
suffered by him, and for quiet enjoyment against his acts. But it has been
adjudged that those words in the Pennsylvania statute of 1715, (and the
decision will equally apply to the statutory language in the other two
states,) did not amount to a general warranty, but merely to a covenant that
the grantor had not done any act, nor created any incumbrance whereby the
estate might be defeated. 2 Bin. 95; 11 S. & R. 111, 112; 4 Kent, Com. 460.
10.-2. The several kinds of covenants. They are, 1. Express or
implied. 1. An express, covenant, or a covenant in fact, is one expressly
agreed between the parties and inserted in the deed. The law does not
require any particular form to create an express covenant. The formal word
"covenant" is therefore not indispensably requisite. 2. Mod. 268; 3 Keb.
848; 1 Leon, 324; 1 Bing. 433; 8 J. B. Moore, 546; 1 Ch. Cas. 294; 16 East,
352; 12 East, 182 n.; 1 Bibb, 379; 2 Bibb 614; 3 John. 44; 5 Cowen, 170; 4
Day, 321 4 Conn. 508; 1 Harring. 233. The words "I oblige;" "agree," 1 Ves.
516; 2 Mod. 266; or, "I bind myself to pay so much such a day, and so much
such another day;" Hardr. 178; 3 Leon. 119, Pl. 199; are held to be
covenants; and so are the word's of a bond. 1 Ch. Cas. 194. But words
importing merely an order or direction that other persons should pay a sum
of money, are not a covenant. 6 J. B. Moore, 202, n. (a.)
11.-1. An implied covenant is one which the law intends and implies,
though it be not expressed in words. 1 Common Bench Rep. 402; co. Lit. 139,
b; Vaughan's Rep. 118; Rawle on Covenants, 364. There are some words which
of themselves do not import an express covenant, yet being made use of in
certain contracts, have a similar operation and are called covenants in law.
They are as effectually binding on the parties as if expressed in the most
unequivocal terms. Bac. Ab. Covenant, B. A few examples will fully explain
this. If a lessor demise and grant to his lessee a house or lands for a
certain term, the law will imply a covenant on the part of the lessor, that
the lessee shall during the term quietly enjoy the same against all
incumbrances. Co. Litt. 384. When in a lease the words "grant," 1 Mod. 113
Freem. 367; Cro. Eliz. 214; 4 Taunt. 609; "grant and demise," 4 Wend. 502;
"demise," 10 Mod. 162; 4 Co. 80; Hob. 12; or "demiserunt," I Show. 79 1
Salk. 137, are used, they are so many instances of implied covenants. And
the words "yielding and paying" in a lease, imply a covenant on the part of
lessee, that he will pay the rent. 9 Verm. 151; 3 Penn. 461, 464.
12.-2. Real and personal. 1st. A real covenant is one which has for
its object something annexed to, or inherent in, or connected with land or
other property. Co Litt. 334; enk 241; Cruise, Dig. tit. 32, c. 25, s. 22;
Platt. on Cov. 60, 61; 2 Bl. Com. 304. A covenant real, which necessarily
runs with the land, as to pay rent, not to cut timber, and the like, is said
to be an inherent covenant. Shep. To. 161. A covenant real runs with the
land and descends to the heir; it is also transferred to a purchaser. Such
covenants are said to run with the land, so that he who has the one is
subject to the other. Bac. Ab. Covenants, E 2. See 2 Penn. 507; 10 Wend 180;
12 Mass. 306; 17 Mass. 586; 5 Cowen, 137; 5 Ham. 156; 5 Conn. 497; 1 Wash.
C. C. 375; 8 Cowen 206; 1 Dall. 210; 11 Shep. 283; 6 Met. 139; 3 Mete. 81; 3
Harring. 338; 17 Wend. 136.
13.-2. As commonly reckoned, there are five covenants for title, viz:
1. Covenant for seisin. 2. That the grantor has perfect right to convey. 3.
That the grantee shall quietly possess and enjoy the premises without
interruption, called a covenant for quiet enjoyment. 4. The covenant against
incumbrances. 5. The covenant for further assurance. 6. Besides these
covenants, there is another frequently resorted to in the United States,
which is relied on more, perhaps, than any other, called the covenant of
warranty. See Rawle on Covenants for Title, where the import and effect of
these covenants are elaborately and luminously discussed.
14.-3. A personal covenant relates only to matters personal, as
distinguished from real, and is binding on the covenantor during life, and
on his personal representatives after his decease, in respect of his assets.
According to Sir William Blackstone, a personal covenant may be transformed
into a real, by the mere circumstance of the heirs being named therein, and
having assets by descent from the covenantor. 2 Bl. Com 304. A covenant is
personal in another sense, where the covenantor is bound to fulfill the
covenant himself; as, to teach an apprentice. F.N.B. 340, A.
15. Personal covenants are also said to be transitive and intransitive;
the former, when the duty of performing them passes to the covenantor's
representatives; the latter, when it is limited to himself; as, in the case
of teaching an apprentice. Bac. Ab. h.t.
16. As they affect each other in the same deed, covenants may be divided
into three classes. 1st. Dependent covenants are those in which the
performance, of one depends on the performance of the other; there may be
conditions which must be performed before the other party is liable to an
action on his covenant. 8 S. & R. 268; 4 Conn. 3; 1 Blackf. 175; John. 209;
2 Stew. & Port. 60; 6 Cowen 296; 3 Ala. R. 330; 3 Pike 581; 2 W. & S. 227; 5
Shep. 232; 11 Verm. 549; 4 W. C. C. 714; Platt on Cov. 71; 2 Dougl. 689;
Lofft, 191; 2 Selw. N. P. 443, 444. To ascertain whether covenants are
dependent or not, the intention of the parties is to be sought for and
regarded rather than the order or time in which the acts are to be done, or
the structure of the instrument, or the arrangements of the covenant. 4
Wash. C. C. 714; 1 Root, 170; 4 Rand. 352; 4 Rawle, 26; 5 Wend. 496; 2 John.
145; 13 Mass. 410; 2 W. & S. 227; 4 W. & S. 527; Willis, 157; 7 T. R. 130; 8
T.R. 366; 5 B. & P. 223; 1 Saund. 320 n.
17.-2d. Some covenants are mutual conditions to be performed at the
same time; these are concurrent covenants. When, in these cases, one party
is ready and offers to perform his part, and the other refuses or neglects to
perform his, he who is ready and offers, has fulfilled his engagement, and
may maintain an action for the default of the other, though it is not
certain that either is obliged to do the first act. 4 Wash. C. C. 714;
Dougl. 698; 2 Selw. N. P. 443; Platt. on Cov. 71.
18.-3d. Covenants are independent or mutual, when either party may
recover damages from the other for the injury he may have received by a
breach of the covenants in his favor, and when it is no excuse for the
defendant to allege a breach of the covenants on the part of the plaintiff.
2 Wash. C. C. R. 456; 5 Shepl. 372; 4 Leigh, 21; 3 Watts & S. 300; 13 Mass.
410; 2 Pick. 300; 2 John. 145; 10 John. 203; Minor 21; 2 Bibb, 15; 3 Stew.
361; 1 Fairf. 49; 6 Binn. 166; 2 Marsh. 429; 7 John. 249; 5 Wend. 496; 3
Miss. 329; 2 Har. & J. 467; 4 Har. & J. 285; 2 Marsh. 429; 4 Conn. 3.
19. Covenants are affirmative and negative. 1st. An affirmative covenant
is one by which the covenantor binds himself that something has already been
done or shall be performed hereafter. Such a covenant will not deprive a
man of a right lawfully enjoyed by him independently of the covenant; 5 as,
if the lessor agreed with the lessee that he shall have thorns for hedges
growing upon the land, by assignment of the lessor's bailiff; here no
restraint is imposed upon the exercise of that liberty which the law allows
to the lessee, and therefore he may take hedge-bote without assignment. Dy.
19 b, pl. 115; 1 Leon, 251.
20.-2d. A negative covenant is one where the party binds himself that
he has not performed and will not perform a certain act; as, that he will
not encumber. Such a covenant cannot be said to be performed until it
becomes impossible to break it. On this ground the courts are unwilling to
construe a covenant of this kind to be a condition precedent. Therefore,
where a tailor assigned his trade to the defendant, and covenanted
thenceforth to desist from carrying on the said business with any of the
customers, and the defendant in consideration of the performance thereof,
covenanted to pay him a life annuity of 190, it was held that if the words
"in consideration of the performance thereof," should be deemed to amount to
a condition precedent, the plaintiff would never obtain his annuity; because
as at anytime during his life he might exercise his former trade, until his
death it could never be ascertained whether he had performed the covenant or
not. 2 Saund. 156; 1 Sid. 464; 1 Mod. 64; 2 Keb. 674. The defendant,
however, on a breach by plaintiff, might have his remedy by a cross action of
covenant. There is also a difference between a negative covenant, which is
only in affirmance of an affirmative covenant precedent, and a negative
covenant which is additional to the affirmative covenant. 1 Sid. 87; 1 Keb.
334, 372. To a covenant of the former class a plea of performance generally
is good, but not to the latter; the defendant in that case must plead
specially. Id.
21. Covenants, considered with regard to the parties who are to perform
them, are joint or several.
1st. A joint covenant is one by which several parties agree to perform
or do a thing together. In this case although there are several covenantors
there is but one contract, and if the covenant be broken, all the
covenantors living, must be sued; as there is not a separate obligation of
each, they cannot be sued separately.
22.-2d. A several covenant is one entered into by one person only. It
frequently happens that a number of persons enter into the same contract,
and that each binds himself to perform the whole of it; in such case, when
the Contract is under seal, the covenantors are severally bound for the
performance of it. The terms usually employed to make a several covenant are
"severally," or "each of us." In practice, it is common for the parties to
bind themselves jointly and severally, and then the covenant is both joint
and several. Vide Hamm. on Parties 19; Cruise, Dig. tit. 32, c. 25, s. 18;
Bac. Ab. Covenant D.
23. Covenants are executed or executory.
1st. An executed covenant is one which relates to an act already
performed. Shep. To. 161.
24.-2d. An executory covenant is one to be performed at a future time.
Shep. To. 161.
25. Covenants are obligatory or declaratory.
1st. An obligatory covenant is one which is binding on the party
himself, and shall never be construed to raise a use. 1 Sid. 27; 1 Keb. 334.
26.-2d. A declaratory covenant is one which serves to limit and direct
uses. 1 Sid. 27; 1 Heb. 334.
27. Covenants are principal and auxiliary.
1st. A principal covenant is one which relates directly to the principal
matter of the contract entered into between the parties; as, if A covenants
to serve B for one year.
28.-2d. An auxiliary covenant is one, which, not relating directly to
the principal matter of the contract between the parties, yet relates to
something connected with it; as, if A covenants with B, that C will perform
his covenant to serve him for one year. In this case, if the principal
covenant is void, the auxiliary is discharged. Anstr. 256.
29. Covenants are legal or illegal. 1st. A legal covenant is one not
forbidden by law. Covenants of this kind are always binding on the parties.
30.-2d. An illegal covenant is one forbidden by law, either expressly
or by implication. A covenant entered into, in violation of, the express
provision of a statute is absolutely void. 5 Har. & J. 193; 5 N. H. Rep. 96;
6 N. H. Rep. 225; 4 Dall. 298; 6 Binn. 321; 4 S.& R. 159; 1 Binn. 118; 4
Halst. 252. A covenant is also void, if it be of immoral nature; as, a
covenant for future illicit intercourse and cohabitation; 3 Monr. 35; 3
Burr. 1568; S. C. 1 Bl. Rep. 517; 1 Esp. 13; 1 B. P. 340; or against public
policy; 5 Mass. 385; 7 Greenl. 113; 4 Mass. 370; 5 Halst. 87; 4 Wash. C. C.
297; 11 Wheat. 258; 3 Day, 145; 2 McLean, 464; 7 Watts, 152; 5 Watts & S.
315; 5 How. Miss. 769; Geo. Decis. part 1, 39 in restraint of trade, when
the restraint is general; 21 Wend. 166; 19 Pick. 51; 6 Pick. 206; 7 Cowen,
307; or fraudulent between the parties; 5 Mass. 16; 4 S. & R. 488; 4 Dall.
250; 7 W. & S. 111; or third persons; 3 Day, 450; 14 S. & R. 214; 3 Caines,
213; 15 Pick. 49; 2 John. 286 12 John. 306.
31. Covenants, in the disjunctive or alternative, are those which give
the covenantor the choice of doing, or the covenantee the choice of having,
performed one of two or more things at his election; as, a covenant to make
a lease to Titus, or pay him one hundred dollars on the fourth day of July,
as the covenantor, or the covenantee, as the case may be, shall prefer.
Platt on Cov. 21.
32. Collateral covenants are such as concern some collateral thing,
which does not at all, or not so immediately relate to the thing granted;
as, to pay a sum of money in gross, that the lessor shall distrain for rent,
on some other land than that which is demised, or the like. Touchs. 161; 4
Burr. 2446; 2 Wils. R. 27; 1 Ves. R. 56. These covenants are also termed
covenants in gross. Vide 5 Barn. & Ald. 7, 8; Platt on Cov. 69, 70.
|
| | podobné slovo | definícia |
ark of the covenant
(encz) | ark of the covenant,archa úmluvy pcernoch@imc.cas.cz |
covenanters
(encz) | covenanters, |
covenants
(encz) | covenants,dohody n: pl. Zdeněk Brožcovenants,smlouvy n: pl. Zdeněk Brožcovenants,závazky n: pl. Zdeněk Brož |
easements/covenants
(encz) | easements/covenants,úlevy/smlouvy [eko.] RNDr. Pavel Piskač |
Ark of the Covenant
(gcide) | Ark \Ark\ ([aum]rk), n. [OE. ark, arke, arche, AS. arc, earc,
earce, fr. L. arca, fr. arcere to inclose, keep off; akin to
Gr. 'arkei^n to keep off.]
1. A chest, or coffer. [Obs.]
[1913 Webster]
Bearing that precious relic in an ark. --Spenser.
[1913 Webster]
2. (Jewish Hist.) The oblong chest of acacia wood, overlaid
with gold, which supported the mercy seat with its golden
cherubs, and occupied the most sacred place in the
sanctuary. In it Moses placed the two tables of stone
containing the ten commandments. Called also the {Ark of
the Covenant}.
[1913 Webster]
3. The large, chestlike vessel in which Noah and his family
were preserved during the Deluge. --Gen. vi. Hence: Any
place of refuge.
[1913 Webster]
4. A large flatboat used on Western American rivers to
transport produce to market.
[1913 Webster] |
Covenant
(gcide) | Covenant \Cov"e*nant\ (k?v"?-nant), n. [OF. covenant, fr. F. &
OF. convenir to agree, L. convenire. See Convene.]
[1913 Webster]
1. A mutual agreement of two or more persons or parties, or
one of the stipulations in such an agreement.
[1913 Webster]
Then Jonathan and David made a covenant. --1 Sam.
xviiii. 3.
[1913 Webster]
Let there be covenants drawn between us. --Shak.
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If we conclude a peace,
It shall be with such strict and severe covenants
As little shall the Frenchmen gain thereby. --Shak.
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2. (Eccl. Hist.) An agreement made by the Scottish Parliament
in 1638, and by the English Parliament in 1643, to
preserve the reformed religion in Scotland, and to
extirpate popery and prelacy; -- usually called the
"Solemn League and Covenant."
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He [Wharton] was born in the days of the Covenant,
and was the heir of a covenanted house. --Macaulay.
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3. (Theol.) The promises of God as revealed in the
Scriptures, conditioned on certain terms on the part of
man, as obedience, repentance, faith, etc.
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I will establish my covenant between me and thee and
thy seed after thee in their generations for an
everlasting covenant, to be a God unto thee, and to
thy seed after thee. --Gen. xvii.
7.
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4. A solemn compact between members of a church to maintain
its faith, discipline, etc.
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5. (Law)
(a) An undertaking, on sufficient consideration, in
writing and under seal, to do or to refrain from some
act or thing; a contract; a stipulation; also, the
document or writing containing the terms of agreement.
(b) A form of action for the violation of a promise or
contract under seal.
Syn: Agreement; contract; compact; bargain; arrangement;
stipulation.
Usage: Covenant, Contract, Compact, Stipulation.
These words all denote a mutual agreement between two
parties. Covenant is frequently used in a religious
sense; as, the covenant of works or of grace; a church
covenant; the Solemn League and Covenant. Contract is
the word most used in the business of life. Crabb and
Taylor are wrong in saying that a contract must always
be in writing. There are oral and implied contracts as
well as written ones, and these are equally enforced
by law. In legal usage, the word covenant has an
important place as connected with contracts. A compact
is only a stronger and more solemn contract. The term
is chiefly applied to political alliances. Thus, the
old Confederation was a compact between the States.
Under the present Federal Constitution, no individual
State can, without consent of Congress, enter into a
compact with any other State or foreign power. A
stipulation is one of the articles or provisions of a
contract.
[1913 Webster]Covenant \Cov"e*nant\ (k?v"?-n?nt), v. i. [imp. & p. p.
Covenanted; p. pr. & vb. n. Covenanting.]
To agree (with); to enter into a formal agreement; to bind
one's self by contract; to make a stipulation.
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Jupiter covenanted with him, that it should be hot or
cold, wet or dry, . . . as the tenant should direct.
--L'Estrange.
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And they covenanted with him for thyrty pieces of
silver. --Matt. xxvi.
15.
Syn: To agree; contract; bargain; stipulate.
[1913 Webster]Covenant \Cov"e*nant\, v. t.
To grant or promise by covenant.
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My covenant of peace that I covenanted with you.
--Wyclif.
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Covenanted
(gcide) | Covenant \Cov"e*nant\ (k?v"?-n?nt), v. i. [imp. & p. p.
Covenanted; p. pr. & vb. n. Covenanting.]
To agree (with); to enter into a formal agreement; to bind
one's self by contract; to make a stipulation.
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Jupiter covenanted with him, that it should be hot or
cold, wet or dry, . . . as the tenant should direct.
--L'Estrange.
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And they covenanted with him for thyrty pieces of
silver. --Matt. xxvi.
15.
Syn: To agree; contract; bargain; stipulate.
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Covenantee
(gcide) | Covenantee \Cov`e*nan*tee"\ (k?v`?-nan-t?"), n. (Law)
The person in whose favor a covenant is made.
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Covenanter
(gcide) | Covenanter \Cov"e*nant*er\ (k?v"?-n?nt-?r), n.
1. One who makes a covenant.
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2. (Eccl. Hist.) One who subscribed and defended the "Solemn
League and Covenant." See Covenant.
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Covenanting
(gcide) | Covenant \Cov"e*nant\ (k?v"?-n?nt), v. i. [imp. & p. p.
Covenanted; p. pr. & vb. n. Covenanting.]
To agree (with); to enter into a formal agreement; to bind
one's self by contract; to make a stipulation.
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Jupiter covenanted with him, that it should be hot or
cold, wet or dry, . . . as the tenant should direct.
--L'Estrange.
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And they covenanted with him for thyrty pieces of
silver. --Matt. xxvi.
15.
Syn: To agree; contract; bargain; stipulate.
[1913 Webster]Covenanting \Cov"e*nant*ing\, a.
Belonging to a covenant. Specifically, belonging to the
Scotch Covenanters.
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Be they covenanting traitors,
Or the brood of false Argyle? --Aytoun.
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Covenantor
(gcide) | Covenantor \Cov"e*nant*or`\ (-?r`), n. (Law)
The party who makes a covenant. --Burrill.
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Dependent covenant
(gcide) | Dependent \De*pend"ent\, a. [L. dependens, -entis, p. pr.
dependere. See Depend, and cf. Dependant.]
1. Hanging down; as, a dependent bough or leaf.
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2. Relying on, or subject to, something else for support; not
able to exist, or sustain itself, or to perform anything,
without the will, power, or aid of something else; not
self-sustaining; subordinate; -- often with on or upon;
as, dependent on God; dependent upon friends. Opposite of
independent. [Narrower terms: {interdependent,
mutualist, mutually beneficial}; {parasitic, parasitical,
leechlike, bloodsucking}; subordinate; underage;
myrmecophilous; symbiotic] Also See: unfree.
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England, long dependent and degraded, was again a
power of the first rank. --Macaulay.
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3. conditional; contingent or conditioned. Opposite of
unconditional.
Syn: qualified.
[WordNet 1.5]
4. addicted to drugs.
Syn: addicted, dependent, drug-addicted, hooked, strung-out.
[WordNet 1.5]
Dependent covenant or Dependent contract (Law), one not
binding until some connecting stipulation is performed.
Dependent variable (Math.), a varying quantity whose
changes are arbitrary, but are regarded as produced by
changes in another variable, which is called the
independent variable.
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Discovenant
(gcide) | Discovenant \Dis*cov"e*nant\, v. t.
To dissolve covenant with.
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Halfway covenant
(gcide) | Halfway \Half"way`\, a.
Equally distant from the extremes; situated at an
intermediate point; midway; as, at the halfway mark. [WordNet
sense 1]
Syn: center(prenominal), middle(prenominal), midway.
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2. partial. [WordNet sense 2]
[WordNet 1.5 +PJC]
3. including only half or a portion; incomplete; as, halfway
measures. [WordNet sense 3]
[WordNet 1.5 +PJC]
Halfway covenant, a practice among the Congregational
churches of New England, between 1657 and 1662, of
permitting baptized persons of moral life and orthodox
faith to enjoy all the privileges of church membership,
save the partaking of the Lord's Supper. They were also
allowed to present their children for baptism.
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Solemn League and Covenant
(gcide) | Solemn \Sol"emn\, a. [OE. solempne, OF. solempne, L. solemnis,
solennis, sollemnis, sollennis; sollus all, entire + annus a
year; properly, that takes place every year; -- used
especially of religious solemnities. Cf. Silly, Annual.]
1. Marked with religious rites and pomps; enjoined by, or
connected with, religion; sacred.
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His holy rites and solemn feasts profaned. --Milton.
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The worship of this image was advanced, and a solemn
supplication observed everry year. --Bp.
Stillingfleet.
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2. Pertaining to a festival; festive; festal. [Obs.] "On this
solemn day." --Chaucer.
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3. Stately; ceremonious; grand. [Archaic]
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His feast so solemn and so rich. --Chaucer.
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To-night we hold a splemn supper. --Shak.
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4. Fitted to awaken or express serious reflections; marked by
seriousness; serious; grave; devout; as, a solemn promise;
solemn earnestness.
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Nor wanting power to mitigate and swage
With solemn touches troubled thoughts. --Milton.
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There reigned a solemn silence over all. --Spenser.
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5. Real; earnest; downright. [Obs. & R.]
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Frederick, the emperor, . . . has spared no expense
in strengthening this city; since which time we find
no solemn taking it by the Turks. --Fuller.
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6. Affectedly grave or serious; as, to put on a solemn face.
"A solemn coxcomb." --Swift.
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7. (Law) Made in form; ceremonious; as, solemn war;
conforming with all legal requirements; as, probate in
solemn form. --Burrill. --Jarman. --Greenleaf.
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Solemn League and Covenant. See Covenant, 2.
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Syn: Grave; formal; ritual; ceremonial; sober; serious;
reverential; devotional; devout. See Grave.
[1913 Webster]League \League\ (l[=e]g), n. [F. ligue, LL. liga, fr. L. ligare
to bind; cf. Sp. liga. Cf. Ally a confederate, Ligature.]
1. An alliance or combination of two or more nations,
parties, organizations, or persons, for the accomplishment
of a purpose which requires a continued course of action,
as for mutual defense, or for furtherance of commercial,
religious, or political interests, etc.
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And let there be
'Twixt us and them no league, nor amity. --Denham.
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2. Specifically: (Sports) An association of sports teams that
establishes rules of play, decides questions of membership
in the league, and organizes matches between the member
teams. In some cases a sports league is called a
conference, as in the National Football Conference.
[PJC]
Note: A league may be offensive or defensive, or both;
offensive, when the parties agree to unite in attacking
a common enemy; defensive, when they agree to a mutual
defense of each other against an enemy.
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The Holy League, an alliance of Roman Catholics formed in
1576 by influence of the Duke of Guise for the exclusion
of Protestants from the throne of France.
Solemn League and Covenant. See Covenant,2.
The land league, an association, organized in Dublin in
1879, to promote the interests of the Irish tenantry, its
avowed objects being to secure fixity of tenure, fair
rent, and free sale of the tenants' interest. It was
declared illegal by Parliament, but vigorous prosecutions
have failed to suppress it.
Syn: Alliance; confederacy; confederation; coalition;
combination; compact; cooperation.
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Suit covenant
(gcide) | Suit \Suit\ (s[=u]t), n. [OE. suite, F. suite, OF. suite,
sieute, fr. suivre to follow, OF. sivre; perhaps influenced
by L. secta. See Sue to follow, and cf. Sect, Suite.]
1. The act of following or pursuing, as game; pursuit. [Obs.]
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2. The act of suing; the process by which one endeavors to
gain an end or an object; an attempt to attain a certain
result; pursuit; endeavor.
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Thenceforth the suit of earthly conquest shone.
--Spenser.
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3. The act of wooing in love; the solicitation of a woman in
marriage; courtship.
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Rebate your loves, each rival suit suspend,
Till this funereal web my labors end. --Pope.
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4. (Law) The attempt to gain an end by legal process; an
action or process for the recovery of a right or claim;
legal application to a court for justice; prosecution of
right before any tribunal; as, a civil suit; a criminal
suit; a suit in chancery.
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I arrest thee at the suit of Count Orsino. --Shak.
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In England the several suits, or remedial
instruments of justice, are distinguished into three
kinds -- actions personal, real, and mixed.
--Blackstone.
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5. That which follows as a retinue; a company of attendants
or followers; the assembly of persons who attend upon a
prince, magistrate, or other person of distinction; --
often written suite, and pronounced sw[=e]t.
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6. Things that follow in a series or succession; the
individual objects, collectively considered, which
constitute a series, as of rooms, buildings, compositions,
etc.; -- often written suite, and pronounced sw[=e]t.
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7. A number of things used together, and generally necessary
to be united in order to answer their purpose; a number of
things ordinarily classed or used together; a set; as, a
suit of curtains; a suit of armor; a suit of clothes; a
three-piece business suit. "Two rogues in buckram suits."
--Shak.
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8. (Playing Cards) One of the four sets of cards which
constitute a pack; -- each set consisting of thirteen
cards bearing a particular emblem, as hearts, spades,
clubs, or diamonds; also, the members of each such suit
held by a player in certain games, such as bridge; as,
hearts were her long suit.
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To deal and shuffle, to divide and sort
Her mingled suits and sequences. --Cowper.
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9. Regular order; succession. [Obs.]
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Every five and thirty years the same kind and suit
of weather comes again. --Bacon.
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10. Hence: (derived from def 7) Someone who dresses in a
business suit, as contrasted with more informal attire;
specifically, a person, such as business executive, or
government official, who is apt to view a situation
formalistically, bureaucratically, or according to formal
procedural criteria; -- used derogatively for one who is
inflexible, esp. when a more humanistic or imaginative
approach would be appropriate.
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Out of suits, having no correspondence. [Obs.] --Shak.
Suit and service (Feudal Law), the duty of feudatories to
attend the courts of their lords or superiors in time of
peace, and in war to follow them and do military service;
-- called also suit service. --Blackstone.
Suit broker, one who made a trade of obtaining the suits of
petitioners at court. [Obs.]
Suit court (O. Eng. Law), the court in which tenants owe
attendance to their lord.
Suit covenant (O. Eng. Law), a covenant to sue at a certain
court.
Suit custom (Law), a service which is owed from time
immemorial.
Suit service. (Feudal Law) See Suit and service, above.
To bring suit. (Law)
(a) To bring secta, followers or witnesses, to prove the
plaintiff's demand. [Obs.]
(b) In modern usage, to institute an action.
To follow suit.
(a) (Card Playing) See under Follow, v. t.
(b) To mimic the action of another person; to perform an
action similar to what has preceded; as, when she
walked in, John left the room and his wife followed
suit.
long suit
(a) (Card Playing) the suit[8] of which a player has the
largest number of cards in his hand; as, his long
suit was clubs, but his partner insisted on making
hearts trumps.. Hence: [fig.] that quality or
capability which is a person's best asset; as, we
could see from the mess in his room that neatness was
not his long suit.
strong suit same as long suit,
(b) . "I think our strong suit is that we can score from
both the perimeter and the post." --Bill Disbrow
(basketball coach) 1998. "Rigid ideological
consistency has never been a strong suit of the Whole
Earth Catalogue." --Bruce Sterling (The Hacker
Crackdown, 1994)
[1913 Webster +PJC] |
Uncovenanted
(gcide) | Uncovenanted \Un*cov"e*nant*ed\, a.
1. Not covenanted; not granted or entered into under a
covenant, agreement, or contract. --Bp. Horsley.
[1913 Webster]
2. Not having joined in a league, or assented to a covenant
or agreement, as to the Solemn League and Covenant of the
Scottish people in the times of the Stuarts.
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In Scotland a few fanatical nonjurors may have
grudged their allegiance to an uncovenanted king.
--Sir T. E.
May.
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3. (Theol.) Not having entered into relationship with God
through the appointed means of grace; also, not promised
or assured by the divine promises or conditions; as,
uncovenanted mercies.
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ark of the covenant
(wn) | Ark of the Covenant
n 1: (Judaism) sacred chest where the ancient Hebrews kept the
two tablets containing the Ten Commandments [syn: Ark,
Ark of the Covenant] |
breach of the covenant of warranty
(wn) | breach of the covenant of warranty
n 1: a failure of the seller's guarantee of good title |
COVENANT
(bouvier) | COVENANT, remedies. The name of an action instituted for the recovery of
damages for the breach of a covenant or promise under seal. 2 Ld. Raym. 1536
F; N. B. 145 Com. Dig. Pleader, 2 V 2 Id. Covenant, A 1; Bouv. Inst. Index,
h.t.
2. The subject will be considered with reference, 1. To the kind of
claim or obligation on which this action may be maintained. 2. The form of
the declaration. 3. The plea. 4. The judgment.
3.-1. To support this action, there must be a breach of a promise
under seal. 6 Port. R. 201; 5 Pike, 263; 4 Dana, 381; 6 Miss. R. 29. Such
promise may be contained in a deed-poll, or indenture, or be express or
implied by. law from the terms of the deed; or for the performance of
something in futuro, or that something has been done; or in some cases,
though it relate to something in presenti, as that the covenantor has, a
good title. 2 Saund. 181, b. Though, in general, it is said that covenant
will not lie on a contract inpresenti, as on a covenant to stand seized, or
that a certain horse shall henceforth be the property of another. Plowd.
308; Com. Dig. Covenant, A 1; 1 Chit. PI.. 110. The action of covenant is
the peculiar remedy for the non-performance of a promise under seal, where
the damages are unliquidated, and depend in amount on the opinion of a jury,
in which case neither debt nor assumpsit can be supported but covenant as
well as the action of debt, may be maintained upon a single bill for a sum
certain. When the breach of the covenant amounts to misfeasance, the
covenantee has an election to proceed by action of covenant, or by action on
the case for a tort, as against a lessee, either during his term or
afterwards, for waste; 2 Bl. R. 1111; 2 Bl. R. 848; but this has been
questioned. When the contract under seal has been enlarged by parol, the
substituted agreement will be considered, together with the original
agreement, as a simple contract. 2 Watt's R. 451 1 Chit. Pl. 96; 3 T. R.
590.
4.-2. The declaration must state that the contract was under seal and
it should make proffer of it, or show some excuse for the omission. 3 T. 11.
151. It is not, in general, requisite to state tho consideration of the
defendant's promise, because a contract under seal usually imports a
consideration; but when the performance of the consideration constitutes a
condition precedent, such performance must be averred. So much only of the
deed and covenant should be set forth as is essential to the cause of
action: although it is usual to declare in the words of the deed, each
covenant may be stated as to its legal effect. The breach may be in the
negative of the covenant generally 4 Dall. R. 436; or, according to the
legal effect, and sometimes in the alternative and several breaches may be
assigned at common law. Damages being the object of the suit, should be laid
sufficient to cover the real amount. Vide 3 Serg. & Rawle, 364; 4 Dall. R.
436 2 Yeates' R. 470 3 Serg. & Rawle, 564, 567; 9 Serg. & Rawle, 45.
5.-3. It is said that strictly there is no general issue in this
action, though the plea of non est factum has been said by an intelligent
writer to be the general issue. Steph. Pl. 174. But this plea only puts in
issue the fact of scaling the deed. 1 Chit. Pl. 116. Non infregit
conventionem, and nil debet, have both been held to be insufficient. Com.
Dig. Pleader, 2 V 4. In Pennsylvania, by a practice peculiar to that state,
the defendant may plead covenants and under this. plea, upon notice of the
special matter, in writing, to the plaintiff, without form, he may give
anything in evidence which he might have pleaded. 4 Dall. 439; 2 Yeates,
107; 15 Serg. & Rawle, 105. And this evidence, it seems, may be given in the
circuit courts of the United States in that state without notice, unless
called for 2 W. C. C. R. 4 5 6.
6.-4. The judgment is that the plaintiff recover a named sum for his
damages, which he has sustained by reason of the breach or breaches of
covenant, together with costs.
COVENANT, contracts. A covenant, conventio, in its most general
signification, means any kind of promise or contract, whether it be made in
writing or by parol. Hawk. P. C. b. 1, c. 27, Sec. 7, s. 4. In a more
technical sense, and the one in which it is here considered, a covenant is
an agreement between two or more persons, entered into in writing and under
seal, whereby either party stipulates for the truth of certain facts, or
promises to perform or give something to the other, or to abstain from the
performance of certain things. 2 Bl. Com. 303-4; Bac. Ab. Covenant, in pr.;
4 Cruise, 446; Sheppard, Touchs. 160; 1 Harring. 151, 233 1 Bibb, 379; 2
Bibb, 614; 3 John. 44; 20 John. 85; 4 Day, 321.
2. It differs from an express assumpsit in this, that the former may be
verbal, or in writing not under seal, while the latter must always be by
deed. In an assumpsit, a consideration must be shown; in a covenant no
consideration is necessary to give it validity, even in a court of equity.
Plowd. 308; 7 T. R. 447; 4 Barn. & Ald. 652; 3 Bingh. 111.
3. It is proposed to consider first, the general requisites of a
covenant; and secondly, the several kinds of covenants.
4.-1. The general requisites are, 1st. Proper parties. 2d. Words of
agreement. 3d A legal purpose. 4th. A proper form.
5.-1st. The parties must be such as by law can enter into a contract.
If either for want of understanding, as in the case of an idiot or lunatic;
or in the case of an infant, where the contract is not for his benefit; or
where there is understanding, but owing to certain causes, as coverture, in
the case of a married woman, or duress, in every case, the parties are not
competent, they cannot bind themselves. See Parties to Actions.
6.-2d. There must be an agreement. The assent or consent must be
mutual for the agreement would be incomplete if either party withheld his
assent to any of its terms. The assent of the parties to a contract
necessarily supposes a free, fair, serious exercise of the reasoning
faculty. Now, if from any cause, this free assent be not given, the contract
is not binding. See Consent.
7.-3d. A covenant against any positive law, or public policy, is,
generally speaking, void. See Nullity; Shep. Touchs. 163. As an example of
the first, is a covenant by one man that he will rob another; and of the
last, a covenant by a merchant or tradesman that he will not follow his
occupation or calling. This, if it be unlimited, is absolutely void but, if
the covenant be that he shall not pursue his business in a particular place,
as, that he will not trade in the city of Philadelphia, the covenant is no
longer against public policy. See Shep. Touchs. 164. A covenant to do an
impossible thing is also void. Ib.
8.-4th. To make a covenant, it must, according to the definition
above given, be by deed, or under seal. No particular form of words is
necessary to make a covenant, but any words which manifest the intention of
the parties, in respect to the subject matter of the contract, are
sufficient. Sec numerous examples in Bac. Abr. Covenant, A Selw. N. P. 469;
Com. Dig. Covenant, A 2; 3 Johns. R. 44; 5 Munf. 483.
9. In Pennsylvania, Delaware, and Missouri, it is declared by statute
that the words grant, bargain, and sell, shall amount to a covenant that the
grantor was seised of an estate in fee, free from all incumbrances done or
suffered by him, and for quiet enjoyment against his acts. But it has been
adjudged that those words in the Pennsylvania statute of 1715, (and the
decision will equally apply to the statutory language in the other two
states,) did not amount to a general warranty, but merely to a covenant that
the grantor had not done any act, nor created any incumbrance whereby the
estate might be defeated. 2 Bin. 95; 11 S. & R. 111, 112; 4 Kent, Com. 460.
10.-2. The several kinds of covenants. They are, 1. Express or
implied. 1. An express, covenant, or a covenant in fact, is one expressly
agreed between the parties and inserted in the deed. The law does not
require any particular form to create an express covenant. The formal word
"covenant" is therefore not indispensably requisite. 2. Mod. 268; 3 Keb.
848; 1 Leon, 324; 1 Bing. 433; 8 J. B. Moore, 546; 1 Ch. Cas. 294; 16 East,
352; 12 East, 182 n.; 1 Bibb, 379; 2 Bibb 614; 3 John. 44; 5 Cowen, 170; 4
Day, 321 4 Conn. 508; 1 Harring. 233. The words "I oblige;" "agree," 1 Ves.
516; 2 Mod. 266; or, "I bind myself to pay so much such a day, and so much
such another day;" Hardr. 178; 3 Leon. 119, Pl. 199; are held to be
covenants; and so are the word's of a bond. 1 Ch. Cas. 194. But words
importing merely an order or direction that other persons should pay a sum
of money, are not a covenant. 6 J. B. Moore, 202, n. (a.)
11.-1. An implied covenant is one which the law intends and implies,
though it be not expressed in words. 1 Common Bench Rep. 402; co. Lit. 139,
b; Vaughan's Rep. 118; Rawle on Covenants, 364. There are some words which
of themselves do not import an express covenant, yet being made use of in
certain contracts, have a similar operation and are called covenants in law.
They are as effectually binding on the parties as if expressed in the most
unequivocal terms. Bac. Ab. Covenant, B. A few examples will fully explain
this. If a lessor demise and grant to his lessee a house or lands for a
certain term, the law will imply a covenant on the part of the lessor, that
the lessee shall during the term quietly enjoy the same against all
incumbrances. Co. Litt. 384. When in a lease the words "grant," 1 Mod. 113
Freem. 367; Cro. Eliz. 214; 4 Taunt. 609; "grant and demise," 4 Wend. 502;
"demise," 10 Mod. 162; 4 Co. 80; Hob. 12; or "demiserunt," I Show. 79 1
Salk. 137, are used, they are so many instances of implied covenants. And
the words "yielding and paying" in a lease, imply a covenant on the part of
lessee, that he will pay the rent. 9 Verm. 151; 3 Penn. 461, 464.
12.-2. Real and personal. 1st. A real covenant is one which has for
its object something annexed to, or inherent in, or connected with land or
other property. Co Litt. 334; enk 241; Cruise, Dig. tit. 32, c. 25, s. 22;
Platt. on Cov. 60, 61; 2 Bl. Com. 304. A covenant real, which necessarily
runs with the land, as to pay rent, not to cut timber, and the like, is said
to be an inherent covenant. Shep. To. 161. A covenant real runs with the
land and descends to the heir; it is also transferred to a purchaser. Such
covenants are said to run with the land, so that he who has the one is
subject to the other. Bac. Ab. Covenants, E 2. See 2 Penn. 507; 10 Wend 180;
12 Mass. 306; 17 Mass. 586; 5 Cowen, 137; 5 Ham. 156; 5 Conn. 497; 1 Wash.
C. C. 375; 8 Cowen 206; 1 Dall. 210; 11 Shep. 283; 6 Met. 139; 3 Mete. 81; 3
Harring. 338; 17 Wend. 136.
13.-2. As commonly reckoned, there are five covenants for title, viz:
1. Covenant for seisin. 2. That the grantor has perfect right to convey. 3.
That the grantee shall quietly possess and enjoy the premises without
interruption, called a covenant for quiet enjoyment. 4. The covenant against
incumbrances. 5. The covenant for further assurance. 6. Besides these
covenants, there is another frequently resorted to in the United States,
which is relied on more, perhaps, than any other, called the covenant of
warranty. See Rawle on Covenants for Title, where the import and effect of
these covenants are elaborately and luminously discussed.
14.-3. A personal covenant relates only to matters personal, as
distinguished from real, and is binding on the covenantor during life, and
on his personal representatives after his decease, in respect of his assets.
According to Sir William Blackstone, a personal covenant may be transformed
into a real, by the mere circumstance of the heirs being named therein, and
having assets by descent from the covenantor. 2 Bl. Com 304. A covenant is
personal in another sense, where the covenantor is bound to fulfill the
covenant himself; as, to teach an apprentice. F.N.B. 340, A.
15. Personal covenants are also said to be transitive and intransitive;
the former, when the duty of performing them passes to the covenantor's
representatives; the latter, when it is limited to himself; as, in the case
of teaching an apprentice. Bac. Ab. h.t.
16. As they affect each other in the same deed, covenants may be divided
into three classes. 1st. Dependent covenants are those in which the
performance, of one depends on the performance of the other; there may be
conditions which must be performed before the other party is liable to an
action on his covenant. 8 S. & R. 268; 4 Conn. 3; 1 Blackf. 175; John. 209;
2 Stew. & Port. 60; 6 Cowen 296; 3 Ala. R. 330; 3 Pike 581; 2 W. & S. 227; 5
Shep. 232; 11 Verm. 549; 4 W. C. C. 714; Platt on Cov. 71; 2 Dougl. 689;
Lofft, 191; 2 Selw. N. P. 443, 444. To ascertain whether covenants are
dependent or not, the intention of the parties is to be sought for and
regarded rather than the order or time in which the acts are to be done, or
the structure of the instrument, or the arrangements of the covenant. 4
Wash. C. C. 714; 1 Root, 170; 4 Rand. 352; 4 Rawle, 26; 5 Wend. 496; 2 John.
145; 13 Mass. 410; 2 W. & S. 227; 4 W. & S. 527; Willis, 157; 7 T. R. 130; 8
T.R. 366; 5 B. & P. 223; 1 Saund. 320 n.
17.-2d. Some covenants are mutual conditions to be performed at the
same time; these are concurrent covenants. When, in these cases, one party
is ready and offers to perform his part, and the other refuses or neglects to
perform his, he who is ready and offers, has fulfilled his engagement, and
may maintain an action for the default of the other, though it is not
certain that either is obliged to do the first act. 4 Wash. C. C. 714;
Dougl. 698; 2 Selw. N. P. 443; Platt. on Cov. 71.
18.-3d. Covenants are independent or mutual, when either party may
recover damages from the other for the injury he may have received by a
breach of the covenants in his favor, and when it is no excuse for the
defendant to allege a breach of the covenants on the part of the plaintiff.
2 Wash. C. C. R. 456; 5 Shepl. 372; 4 Leigh, 21; 3 Watts & S. 300; 13 Mass.
410; 2 Pick. 300; 2 John. 145; 10 John. 203; Minor 21; 2 Bibb, 15; 3 Stew.
361; 1 Fairf. 49; 6 Binn. 166; 2 Marsh. 429; 7 John. 249; 5 Wend. 496; 3
Miss. 329; 2 Har. & J. 467; 4 Har. & J. 285; 2 Marsh. 429; 4 Conn. 3.
19. Covenants are affirmative and negative. 1st. An affirmative covenant
is one by which the covenantor binds himself that something has already been
done or shall be performed hereafter. Such a covenant will not deprive a
man of a right lawfully enjoyed by him independently of the covenant; 5 as,
if the lessor agreed with the lessee that he shall have thorns for hedges
growing upon the land, by assignment of the lessor's bailiff; here no
restraint is imposed upon the exercise of that liberty which the law allows
to the lessee, and therefore he may take hedge-bote without assignment. Dy.
19 b, pl. 115; 1 Leon, 251.
20.-2d. A negative covenant is one where the party binds himself that
he has not performed and will not perform a certain act; as, that he will
not encumber. Such a covenant cannot be said to be performed until it
becomes impossible to break it. On this ground the courts are unwilling to
construe a covenant of this kind to be a condition precedent. Therefore,
where a tailor assigned his trade to the defendant, and covenanted
thenceforth to desist from carrying on the said business with any of the
customers, and the defendant in consideration of the performance thereof,
covenanted to pay him a life annuity of 190, it was held that if the words
"in consideration of the performance thereof," should be deemed to amount to
a condition precedent, the plaintiff would never obtain his annuity; because
as at anytime during his life he might exercise his former trade, until his
death it could never be ascertained whether he had performed the covenant or
not. 2 Saund. 156; 1 Sid. 464; 1 Mod. 64; 2 Keb. 674. The defendant,
however, on a breach by plaintiff, might have his remedy by a cross action of
covenant. There is also a difference between a negative covenant, which is
only in affirmance of an affirmative covenant precedent, and a negative
covenant which is additional to the affirmative covenant. 1 Sid. 87; 1 Keb.
334, 372. To a covenant of the former class a plea of performance generally
is good, but not to the latter; the defendant in that case must plead
specially. Id.
21. Covenants, considered with regard to the parties who are to perform
them, are joint or several.
1st. A joint covenant is one by which several parties agree to perform
or do a thing together. In this case although there are several covenantors
there is but one contract, and if the covenant be broken, all the
covenantors living, must be sued; as there is not a separate obligation of
each, they cannot be sued separately.
22.-2d. A several covenant is one entered into by one person only. It
frequently happens that a number of persons enter into the same contract,
and that each binds himself to perform the whole of it; in such case, when
the Contract is under seal, the covenantors are severally bound for the
performance of it. The terms usually employed to make a several covenant are
"severally," or "each of us." In practice, it is common for the parties to
bind themselves jointly and severally, and then the covenant is both joint
and several. Vide Hamm. on Parties 19; Cruise, Dig. tit. 32, c. 25, s. 18;
Bac. Ab. Covenant D.
23. Covenants are executed or executory.
1st. An executed covenant is one which relates to an act already
performed. Shep. To. 161.
24.-2d. An executory covenant is one to be performed at a future time.
Shep. To. 161.
25. Covenants are obligatory or declaratory.
1st. An obligatory covenant is one which is binding on the party
himself, and shall never be construed to raise a use. 1 Sid. 27; 1 Keb. 334.
26.-2d. A declaratory covenant is one which serves to limit and direct
uses. 1 Sid. 27; 1 Heb. 334.
27. Covenants are principal and auxiliary.
1st. A principal covenant is one which relates directly to the principal
matter of the contract entered into between the parties; as, if A covenants
to serve B for one year.
28.-2d. An auxiliary covenant is one, which, not relating directly to
the principal matter of the contract between the parties, yet relates to
something connected with it; as, if A covenants with B, that C will perform
his covenant to serve him for one year. In this case, if the principal
covenant is void, the auxiliary is discharged. Anstr. 256.
29. Covenants are legal or illegal. 1st. A legal covenant is one not
forbidden by law. Covenants of this kind are always binding on the parties.
30.-2d. An illegal covenant is one forbidden by law, either expressly
or by implication. A covenant entered into, in violation of, the express
provision of a statute is absolutely void. 5 Har. & J. 193; 5 N. H. Rep. 96;
6 N. H. Rep. 225; 4 Dall. 298; 6 Binn. 321; 4 S.& R. 159; 1 Binn. 118; 4
Halst. 252. A covenant is also void, if it be of immoral nature; as, a
covenant for future illicit intercourse and cohabitation; 3 Monr. 35; 3
Burr. 1568; S. C. 1 Bl. Rep. 517; 1 Esp. 13; 1 B. P. 340; or against public
policy; 5 Mass. 385; 7 Greenl. 113; 4 Mass. 370; 5 Halst. 87; 4 Wash. C. C.
297; 11 Wheat. 258; 3 Day, 145; 2 McLean, 464; 7 Watts, 152; 5 Watts & S.
315; 5 How. Miss. 769; Geo. Decis. part 1, 39 in restraint of trade, when
the restraint is general; 21 Wend. 166; 19 Pick. 51; 6 Pick. 206; 7 Cowen,
307; or fraudulent between the parties; 5 Mass. 16; 4 S. & R. 488; 4 Dall.
250; 7 W. & S. 111; or third persons; 3 Day, 450; 14 S. & R. 214; 3 Caines,
213; 15 Pick. 49; 2 John. 286 12 John. 306.
31. Covenants, in the disjunctive or alternative, are those which give
the covenantor the choice of doing, or the covenantee the choice of having,
performed one of two or more things at his election; as, a covenant to make
a lease to Titus, or pay him one hundred dollars on the fourth day of July,
as the covenantor, or the covenantee, as the case may be, shall prefer.
Platt on Cov. 21.
32. Collateral covenants are such as concern some collateral thing,
which does not at all, or not so immediately relate to the thing granted;
as, to pay a sum of money in gross, that the lessor shall distrain for rent,
on some other land than that which is demised, or the like. Touchs. 161; 4
Burr. 2446; 2 Wils. R. 27; 1 Ves. R. 56. These covenants are also termed
covenants in gross. Vide 5 Barn. & Ald. 7, 8; Platt on Cov. 69, 70.
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COVENANT FOR QUIET ENJOYMENT
(bouvier) | COVENANT FOR QUIET ENJOYMENT. A covenant usually contained in a lease, by
which the lessor covenants or agrees that the tenant shall quietly enjoy the
premises leased. 11 East, 641.
2. Such a covenant is express or implied; express, when it is so
mentioned in the deed it is implied, either from the words used, or from the
conduct of the lessor. The words "grant" or "demise" are held to amount to
an implied covenant for quiet enjoyment, unless afterwards restrained by a
qualified express covenant. 1 Chit. Pr. 344.
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COVENANT FOR TITL
(bouvier) | COVENANT FOR TITLE. An assurance to the purchaser that the grantor has the
very estate in quantity and quality which he purports to convey. 11 East,
642. See 4 Dall. Rep. 439.
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COVENANT NOT TO SU
(bouvier) | COVENANT NOT TO SUE. This is a covenant entered into by a party who had a
cause of action at the time of making it, and by which he agrees not to sue
the party liable to such action.
2. Covenants of this nature, are either covenants perpetual not to sue,
or covenants not to sue for a limited time; for example, seven years.
3.-1. Covenants perpetual not to sue. These will be considered with
regard to their effect as relates, 1. To the covenantee; 2. To his partners
or co-debtors.
4.-1. A covenant not to sue the covenantee at all, has the effect of
a release to him, and may be pleaded as such to avoid a circuity of action.
Cro. Eliz. 623; 1 T. R. 446; 8 T. R. 486; 1 Ld. Raym 688; S. C. Holt, 178; 2
Salk. 575; 3 Salk. 298; 12 Mod. 415, 548; 7 Mass. 153, 265; 16 Mass. 24; 17
Mass. 623. And see 11 Serg. & Rawle, 149.
5.-2. Where the covenantee is jointly and severally bound with
another to the covenantor, a covenant not to sue him will be no protection
to the other who may be sued on his several obligations and such a covenant
does not mount to a release to him. 2 Salk. 575; S. C. 12 Mod. 551; 8 T. R.
168; 6 Munf. 6; 1 Com. 139; 4 Greenl. 421; 2 Dana, 107; 17 Mass. 623, 628;
16 Mass. 24; 8 Mass. 480. A covenant not to sue, entered into by only one of
several partners, cannot be set up as a release in an action by all the
partners. 3 P. & D. 149.
6.-2. Covenant not to sue for a limited time. Such a covenant does
not operate as a release, nor can it be pleaded as such, but is a covenant
only for a breach of which the obliger may bring his action. Carth. 63; 1
Show. 46; Comb 123, 4; 2 Salk. 573; 6 Wend. 471.
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COVENANT TO STAND SEISED TO USE
(bouvier) | COVENANT TO STAND SEISED TO USES. A species of conveyance which derives its
effect from the statute of uses, and operates without transmutation of
possession.
2. By this conveyance, a person seised of lands, covenant's that he
will stand seised of them to the use of another. On executing the covenant,
the other party becomes seised of the use of the land, according to the
terms of the use; and the statute immediately annexes the possession to the
use. This conveyance has the same force and effect as a common deed of
bargain and sale; the great distinction between them is, that the former can
only be made use of among near domestic relations, for it must be founded
on the consideration of blood or marriage. 2 Bl. Com. 338; 2 Bouv. Inst. n.
2080; 4 Kent Com 480; Lilly's Reg.h.t.; 1 Vern. by Raithby, 40, n.; Cruise,
Dig. tit. 32, c. 10; 11 John. R. 337; 1 John. Cas. 91; 7 Pick. R. 111; 1
Hayw.,R. 251, 259, 271, note; 1 Conn. R. 354; 20 John. R. 85; 4 Mass. R.
135; 4 Hayw. R. 229; 1 Cowen, R. 622; 3 N. H. Rep. 234; 16 John. R. 515; 9
Wend. R. 641; 7 Mass. R. 384.
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COVENANTE
(bouvier) | COVENANTEE. One in whose favor a covenant is made.
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COVENANTOR
(bouvier) | COVENANTOR. One who becomes bound to perform a covenant.
2. To become a covenantor a person must be sui juris, and intend, at
the time of becoming bound, to covenant to perform some act mentioned in the
covenant. He can be discharged from his covenant by performance, or, by the
act of the covenantee, as the non-performance of a condition precedent, a
release, or a rescission of the contract.
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COVENANTS PERFORMED
(bouvier) | COVENANTS PERFORMED, pleading. In Pennsylvania, the defendant may plead
covenants performed to an action of covenant, and upon this plea, upon
informal notice to the plaintiff, he may give anything in evidence which he
might have pleaded. 4 Dall. 439; 2 Yeates, 107; 15 S. & R. 105. And this
evidence, it seems, may be given in the circuit court without notice unless
called for. 2 Wash. C. C. R. 456.
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WRIT OF COVENANTS
(bouvier) | WRIT OF COVENANTS, practice. A writ which lies where a party claims damage
for breach of covenant, i. e. of a promise under seal.
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