 Whether the words amount to a condition or a limitation, or a covenant, may be matter of construction depending on the contract. The intention of the party to the instrument, when clearly ascertained, is of controlling efficacy; though conditions and...  Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin - Page 174by Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1876Full view - About this book
 | Abraham Clark Freeman - 1890 - 1014 pages
...in speaking of whether a clause in a deed shall be taken to create a covenant or a condition, says: "Whether the words amount to a condition, or a limitation,...to be raised by mere inference and argument." The chancellor mime up the matter in this language: "ТЪе distinctions on this subject are extremely... | |
 | Christopher Gustavus Tiedeman - 1897 - 800 pages
...speaking of whether a clause in a deed shall be taken to create a covenant or a condition, says: " Whether the words amount to a condition, or a limitation,...to be raised by mere inference and argument." The chancellor sums up the matter in this langunge : " The distinctions on this subject are extremely subtle... | |
 | Robert Campbell - 1898 - 852 pages
...speaking of whether a clause in a deed shall be taken to create a covenant or a condition, says : ' Whether the words amount to a condition, or a limitation,...to the instrument, when clearly ascertained, is of the controlling efficacy ; though conditions and limitations are not readily to be raised by mere inference... | |
 | Albert Poole Jacobs, Henry Allen Chaney - 1889 - 1162 pages
...appear from the face of the deed to have been the intention of the grantor to create a condition, and whether the words amount to a condition, or a limitation, or a covenant, depends upon the construction of the contract : Campdu v. Cliene, 1 M. 400. 216. A conveyance of property... | |
 | International Correspondence Schools - 1903 - 650 pages
...implied from the words of a lease, they need not be precise, nor technical, nor in any particular form. Whether the words amount to a condition, or a limitation, or a covenant, is a matter of construction depending on the contract. The clearly ascertained intention of the parties... | |
 | North Carolina. Supreme Court - 1907 - 980 pages
...one or the other, will be construed as a covenant rather than as a condition. Chancellor Kent said: "Whether the words amount to a condition or a limitation...construction depending on the contract. The intention of the parties to the instrument, when clearly ascertained, is of controlling efficacy, though conditions... | |
 | 1915 - 1202 pages
...condition precedent unperformed." As to the rule of construction, the same authority, at page 133, says: "Whether the words amount to a condition, or a limitation,...instrument, when, clearly ascertained, is of controlling efficncy, though conditions and limitations are not readily to be raised by mere inference and argument.... | |
 | 1915 - 1292 pages
...condition precedent unperformed." As to the rule of construction, the same authority, at page 133, says: "Whether the words amount to a condition, or a limitation,...The intention of the party to the instrument, when clo.'irly ascertained, is of controlling efficacy, though conditions and limitations are not readily... | |
 | Claude Perrin Berry - 1915 - 706 pages
...ascertained. Beeves v. Constalle, 87 NY App. Div. 352, 84 NY Supp. 592 (1903). The intention of the parties to the instrument, when clearly ascertained, is of...and limitations are not readily to be raised by mere argument. The question is one not depending so much upon artificial rules of construction as upon the... | |
 | Albert Martin Kales - 1917 - 1496 pages
...in speaking of whether a clause in a deed shall be taken to create a covenant or a condition, says : "Whether the words amount to a condition or a limitation,...to be raised by mere inference and argument." The chancellor sums up the matter in this language : "The distinctions on this subject are extremely subtle... | |
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