3 Watts 331 | Pa. | 1834
The opinion of the Court was delivered by
Previous to the decision of Boone v. Eyre, 1 H. B. 273, note (a), it seems to have been taken that nothing less than entire performance of a mutual covenant would entitle the party to his action for a breach on the other side. In that case, however, a more reasonable and just rule was adopted, by which a mutual or dependent covenant, which goes but to a part of the consideration on both sides, and whose breach may be compensated in damages, is to be treated exactly as if it were separate and independent. This is distinctly the principle;' and it has been established by a train of decisions both in England and this country, which it is unnecessary to quote. Then apply it to the circumstances of our case. The plaintiff had covenanted to build a warehouse for the defendant, and “ to fill in all the brick work with mortar, or what is usually termed
Judgment affirmed.