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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1824 Excerpt:...§ 13. A merchant covenants, that if the master of a ship will bring his freight to such a port, he will pay him so much; and a part of the goods were taken by pirates, and the rest unloaded, the master cannot have an action of covenant for the money; for his agreement is not performed, and in his agreement he made no exception against accident, as might have been done, and probably, if so intended by the parties, would have been done. § 14. JVo request necessary. This was an action of covenant in which the pit. declared, that the deft, had covenanted to pay him so much money as be should expend in repairing and victualling a ship for him; and the pit. averred, that he had spent £300 in repairing and victualling the ship. The deft, among other things demurred to the declaration, because there was no request alleged to pay the money, and said tliat without request he was not bound to pay. But the court held, the action lay, and said, "the pit's, action is not an action oif debt when a demand is necessary, but an action of covenant, where it is not necessary to allege a demand." But the true reason seems to be this; the pit. had laid out the money by special agreement with the deft., and at his request, in fact, and in virtue of his so doing and of the said covenant, the deft, had become indebted to the ph., and then, on the general principle of law in such cases, no request was necessary. The monies had in fact become due from the deft, to the pit. without request. Aht. 2. Covenants discharged, suspended, or extinguished. § 1. It is a general rule, if the deed itself containing the covenant or estate on which it depends, be ended, the covenant is also ended. As if a lease for life or years be surrendered, whereby the estate is go...