 If parties, for valuable consideration, with their eyes open, contract that a particular thing shall not be done, all that a Court of Equity has to do is to say, by way of injunction, that which the parties have already said by way of covenant, that the...  Restrictive Covenants Affecting Land - Page 94by William Arnold Jolly - 1909 - 120 pagesFull view - About this book
 | Illinois. Supreme Court - Law reports, digests, etc - 1914 - 720 pages
...negative covenant,' said Lord Cairns in Doherty v. Alman, (L.) 'the court has no discretion to exercise. If parties for valuable consideration, with their...equity has to do is to say, by way of injunction, that the thing shall not be done. In such a case the injunction does nothing more than give the sanction... | |
 | Joseph Henry Dart - Real property - 1888 - 1038 pages
...Lords, that where there is a negative covenant a Court of Equity has no discretion to exercise ; that if parties for valuable consideration with their eyes...way of covenant, that the thing shall not be done. It is not in such a case a question of the balance of convenience or inconvenience, or of the amount... | |
 | Law reports, digests, etc - 1914 - 1254 pages
...enforced by equity against subsequent purchasers who buy with notice thereof. As was said by Lord Cairns : "All that a court of equity has to do Is to say by...the parties have already said by way of covenant." Doherty v. Allman (1878) 3 App. Cas. 709, 720. No English judicial decision or dictum has attempted... | |
 | Sir John George Woodroffe - Injunctions - 1900 - 586 pages
...The books contain numerous examples of Injunctions against the breach of express negative covenants.1 If parties for valuable consideration, with their...contract that a particular thing shall not be done the Court will say by Injunction that the thing shall not be done. The Court in fact specifically performs... | |
 | William Williamson Kerr - Injunctions - 1903 - 716 pages
...negative covenant," said Lord Cairns in Dohe-rty v. Alman(h), "the Court has no discretion to exercise. If parties for valuable consideration, with their...equity has to do is to say by way of injunction that the thing shall not be done. In such a case the injunction does nothing more than give the sanction... | |
 | Law - 1907 - 930 pages
...Phill. Ch. 52 (58). "If there is a negative covenant, the court has no discretion to exercise. If the parties for valuable consideration, with their eyes...equity has to do is to say by way of injunction that the thing shall not be done." Lord Cairns, in Doherty v. Alman (1876) 3 App. C. 720. i Philadelphia... | |
 | L. S. Le Vernois, Esten Kenneth Williams, Edward Betley Brown - Law reports, digests, etc - 1907 - 932 pages
...said: ''If there is a negative covenant, the Court has no discretion to exercise. If parties, for a valuable consideration, with their eyes open, contract...done, all that a court of equity has to do is to say ty way of injunction that the thing shall not be done. In such a case the injunction does nothing m'ore... | |
 | Alexander Wood Renton, Maxwell Alexander Robertson - Great Britain - 1907 - 782 pages
...a breach of it. In enforcing a negative covenant a Court of equity has no jurisdiction to exercise. If parties for valuable consideration with their eyes...that a particular thing shall not be done, all that the Court has to do is to say by way of injunction, that which the parties have already said by way... | |
 | Richard Cuthbert Brown - Covenants - 1907 - 268 pages
...Attman, (1878) 3 App. Cas. 719, that if the covenant is negative the Court has no discretion to exercise. If parties for valuable consideration, with their eyes open, contract that a thing shall not be done, all that a Court of Equity has to do is to say by way of injunction that which... | |
 | Law reports, digests, etc - 1919 - 1116 pages
...Lord Cairns, in Dolierty v. Altaian (1878) 3 App. Cas. 720, "the court has no discretion to exercise. If parties for valuable consideration, with their...thing shall not be done, all that a court of equity 8 BRC has to do is to say, by way of injunction, that the thing shall not be done. In such a case the... | |
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