gno.law

Howland v. Marvin

California Supreme Court · · 1855-07-01 · Published · 5 Cal. 501

GEORGE S. HOWLAND v. A. S. MARVIN, of Marvin McNulty

Area
civil
Panel
Solomon Heydenfeldt (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion — Heydenfeldt

Heydenfeldt, J, delivered the opinion of the Court.

Murray, C. J., concurred.

The covenant relied upon by the defense, is only a covenant not to sue for five years.

In such cases it has been uniformly decided, that the covenant is no bar to the action, but that the defendant must be turned to his remedy *502upon the covenant. See 7 Harris & Johns , 92. 1 Halsted, 429. 8 Pick, 229. 6 Wendell, 471. 2 Blackf., 119.

Judgment affirmed.