Boone v Eyre
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1788 |
| Date | 01 January 1788 |
| Court | Court of Common Pleas |
English Reports Citation: 126 E.R. 160
IN THE COURTS OF COMMON PLEAS AND EXCHEQUER CHAMBER
See S. C. 2 W. Bl. 1312; 96 E. R. 767 (with note), to which add General Billposting Company v. Atkinson, [1909] A. C. 121.
(a) Boone v. Eyre, B. E. East. 17 Geo. 3.* [See S. C. 2 W. Bl. 1312 ; 96 E. E. 767 (with note), to which add General Billpostmg Company v. Atkinson, [1909] A. C. 121.] Covenant on a deed, whereby the plaintiff conveyed to the defendant the equity of redemption of a plantation in the West Indies, together with the stock of negroes upon it, in consideration of 5001. and an annuity of 1601. per annum for his life ; and covenanted that he had a good title to the plantation, was lawfully possessed of the negroes, and that the defendant should quietly enjoy. The defendant covenanted, that the plaintiff well and truly performing all and everything therein contained on his part to be performed, he the defendant would pay the annuity. The breach assigned was the non-payment of the annuity. Flea, that the plaintiff was not, at the time of making the deed, legally possessed of the negroes on the plantation, and so had not a good title to convey. To which there was a general demurrer. lord mansfield. - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where...
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