Covenant Not To Sue

One entered into by a party who has a cause of action at the time of making it, by which he agrees not to sue the party liable to such action. A perpetual covenant not to sue is one by which the covenantor agrees not to sue the covenantee at any time. Such a covenant operates as a release to the covenantee, and may be pleaded as such. Cro. Eliz. 623; 1 Term R. 446; 8 Term R. 486; 2 Salk. 375; 3 Salk. 298; 12 Mod. 415; 7 Mass. 153; 16 Mass. 24; 17 Mass. 623; 3 Ind. 473. And see 11 Serg. & R. (Pa.) 149. A limited covenant not to sue, by which the covenantor agrees not to sue for a limited time, does not operate a release; and a breach must be taken advantage of by action. Carth. 63; 1 Show. 46; 2 Salk. 573; 6 Wend. (N. Y.) 471; 5 Cal. 501. See 29 Ala. (N. S.) 322, as to requisite consideration. A covenant never to sue is regarded as an absolute release, but a covenant not to sue within a limited time cannot be pleaded in bar of an action brought before the time has expired. 13 111. 8.

One entered into by a party who has a cause of action at the time of making it, by which he agrees not to sue the party liable to such action. A perpetual covenant not to sue is one by which the covenantor agrees not to sue the covenantee at any time. Such a covenant operates as a release to the covenantee, and Dec. 34; Shed v. Pierce, 17 Mass. 623; Harvey v. Harvey, 3 Ind. 473; 34 L. J. Q. B. 25. And see Wolf v. Wyeth, 11 S. & R. (Pa.) 149. A covenant of this kind with one of several, jointly and severally bound, will not protect the others so bound; 12 Mod. 551; Ward v. Johnson, 6 Munf. (Va.) 6, 8 Am. Dec. 729; Walker v. Mc Culloch, 4 Greenl. (Me.) 421; Mason v. Jouett'S Adm'r, 2 Dana (Ky.) 107; Shed v. Pierce, 17 Mass. 623. It is equivalent to a release with a reserve of remedies, and hence is properly used in composition deeds in preference to a release, which discharges all sureties and co-debtors; 3 B. & C. 301. A covenant by one of several partners not to sue cannot be set up as a release in an action by all; 3 P. & D. 149. A limited covenant not to sue, by which the covenantor agrees not to sue for a limited time, does not operate a release; and a breach must be taken advantage of by action; Carth. G3; 1 Show. 4G; 2 Salk. 573; 11 Q. B. 852; Rowland v. Marvin, 5 Cal. 501. See Keep v. Kelly, 29 Ala. 322, as to requisite consideration. See Leake, Contr. 92S.

A covenant by one who had a right of action at the time of making it against another person, by which he agrees not to sue to enforce such right of action.

Defined under Covenant in Black's Law Dictionary.

A coyenant by one who had a right of action at the time of making it against another person, by which he agrees nut to sue to enforcesuch right of action.

This is a covenant entered into by a party who had a cause of action at the time of making it, and by which he agrees ‘ot to sue the party liable to such action. Covenants of this nature, are either covenants perpetual not to sue, or covenants not to sue for a: limited time; for example, seven years. § 1. Covenants perpetual not to sue. These will be considered with regard to their effect as relates, 1, to the covenantee; 2, to his partners or co-debtors. 1. A covenant not to sue the covenantee at all, has the effect of a release to him, and may be pleaded as such to avoid a circuity of action. Cro. Eliz. 623; 1 T. R. 446; 8 T. R. 486; 1 Ld. Raym. 688; 8. C. Holt, 178; 2 Salk. 575; 3 Salk. Mod. 415, 548. And sce en ss; 1.& Rawle, 149. a] Where the covenantee is jointand ly severally bound with another to the covenantor, a covenant to sue him will be no protection to the other who may be sued on his several obligations, and such a covenant does not amount to a release to him. 2 Salk. 575; S.C. 12 Mod. 551; 8 T. R. 168; 6 Munf. 6; 8 T.R. 168; 1 Com. 139. § 2. Covenant not to sue for a limited time. Such a covenant does not operate as a release, nor can it be pleaded as such, but is a covenant only for a 46; Comb. 123, 4; 2 Salk. 573; 6 Wend. 471. COVENANTS OBLIGATO- RY, are those which shall never i construed to raise a use. 1 Sid. 27.