covenantor

If one joint and several covenantor is released by accord and satisfaction, all are released.

So it does not bind the successors, but says that the initial covenantor is responsible for the successors.

Through cunning tactics the Royalist force of 1500 defeated the Covenantor force of 3000.

In short, does the release by accord and satisfaction of one covenantor release other covenantors undertaking the same obligation?

By 1651 the Scottish Covenantor government had become disillusioned with the English parliament and supported the Royalists instead.

Moreover, it has long been accepted that repairing covenants do not require the covenantor to renew the whole property or modernise an elderly and decaying building.

It followed that the covenant can be enforced against the covenantor whether or no he owned any estate in the land, and also against successors in title.

By 1651 the Scottish Covenantor Government was no longer in agreement with the English Parliament of Oliver Cromwell.

In 1640 the Castle was occupied by the Scottish Covenantor army under Major-General Robert Monro (d. 1680).

During the Civil War, Clan Kerr/Carr supported the Parliamentary Covenantor army of General David Leslie.

A covenant is a type of contract in which the covenantor makes a promise to a covenantee to do (affirmative covenant) or not do some action (negative covenant).

In the 1644-5 Siege of Carlisle he was forced to flee his mansion, Dalston Hall, which General Leslie converted into the Covenantor headquarters.

It is generally accepted that in order to succeed on a plea of unreasonableness it is not necessary for the covenantor to show that the covenantee had acted oppressively.

IN WITNESS whereof.[covenantor]has executed and delivered this deed this.day of.19..

He is a descendant of the Cleland family which incudes the 18th century novelist John Cleland, Covenantor William Cleland.

In his autobiography, Story of My Life (1896), Taylor describes his grandfather, James, as one of five brothers who were "Scotch-Irish of the Old Covenantor type.

The battles were fought between the forces of the Scottish Covenantor Government and royalist forces loyal to the King, led by James Graham, 1st Marquess of Montrose.

However it may be that expansion of the business goes beyond the reasonable expectation of the parties; in which case it may be necessary for the covenantor to renegotiate the ambit of the restraint.

Thus, by suing the co-contractor the creditor commits a breach of the contract with the released covenantor, for such an action will inevitably lead to the very claim from which the release has been purchased by accord and satisfaction.

In Halsall v Brizell [1957] Ch 169, a covenant requiring the upkeep of roads was found to bind the successor in title to the original covenantor because he had elected to take the benefit.

In his role as Secretary of State for Scotland, after the victory of Kilsyth removed the last local Covenantor army, he carried the commission to the victorious Montrose for the summoning of a free Scottish parliament.

That concludes the review of the cases concerned with covenants in leases, and none deal with the issue here of a release of a covenantor by accord and satisfaction operating as the release of another covenantor.

He seemed to imply in this that even if the covenantor had not previously enjoyed a certain freedom then the restraint of trade doctrine might still apply if he is, as a result of the restraint, under a positive duty to do something which restricts his current freedom.

Finally the fact that a covenantor agrees only to sell to another who will accept a restraint is not in itself unreasoanble: Esso Petroleum Co Ltd v Harper's George (Stourport) Ltd [1968]AC 269 per Lord Reid.

In Amoco Lord Cross said the fact that a covenantor had obtained and would continue to enjoy benefits under the agreement which he claimed to be unenforceable was pro tanto a reason for holding that the covenant was not in unreasonable restraint of trade.