 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...  Principles of Equity - Page 529by Walter Ashburner - 1902 - 777 pagesFull view - About this book
 | Illinois. Supreme Court - Law reports, digests, etc - 1914 - 720 pages
...Doherty v. Alman, (L.) 'the court has no discretion to exercise. If parties for valuable consideration, with their eyes open, contract that a particular thing...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
...covenant a Court of Equity has no discretion to exercise ; that if parties for valuable consideration with their eyes open contract that a particular thing...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... | |
 | Law - 1894 - 990 pages
...a Court of Equity would have had no discretion to exercise. If parties, for valuable consideration, with their eyes open, contract that a particular thing...sanction of the process of the court to that which is already the contract between the parties. It is not then a question of the balance of convenience... | |
 | Sir John George Woodroffe - Injunctions - 1900 - 586 pages
...Injunctions against the breach of express negative covenants.1 If parties for valuable consideration, with their eyes open, 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
...Dohe-rty v. Alman(h), "the Court has no discretion to exercise. If parties for valuable consideration, with their eyes open, contract that a particular thing...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... | |
 | Richard Cuthbert Brown - Covenants - 1907 - 268 pages
...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...the parties have already said by way of covenant. It is not a question of the balance of convenience or inconvenience, or of the amount of damage or... | |
 | Law - 1907 - 930 pages
...negative covenant, the court has no discretion to exercise. If the parties for valuable consideration, with their eyes open, contract that a particular thing...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
...negative covenant, the Court has no discretion to exercise. If parties, for a valuable consideration, with their eyes open, contract that a particular thing...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
...negative covenant a Court of equity has no jurisdiction to exercise. If parties for valuable consideration with their eyes open contract 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... | |
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