Covenants

IMPLIED. Implied covenants depend for their existence on the intendment and construction of law. There are sonre words which of themselves do not import an express covenant, yet being made use of in certain contracts have a similar operation and are called covenants, in law; and are as effectually binding on the parties, as if expressed in the most unequivocal terms. Bac. Abr. Covenant, B. A few examples will be given of words on which implied covenants may be raised. Ifa lease for years be made by any of the. following words, “grant,” 1 Mod. 118; Freem. 367; Cro. Eliz. 214; 5 B. & C. 609; 4 Taunt. 609; “grant and demise,” 4 Wend. 502; * demisi,’ 10 Mod. 162; 4 Co. 80; Hob. 12; or, “ demtserunt,” 1 Show. 79; 1 Salk. 187. By legislative enactment in Pennsylvania the words ‘‘grant, bargain, and sell,” shall be adjudged an express covenant to the grantee, his heirs and assigns; to wit, that the grantor was seized of an indefeasible estate in fee simple, freed from incumbrances done or suffered from the grantor, (excepting the rents and services due to the lord of the fee) as also for quiet enjoyment against the grantor, his heirs and assigns, unless limited by express words contained in such deed, and that the grantee, his heirs, executors, and assigns, may in any action assign breaches, as if such covenants were expressly inserted. Act of 28 May, 1715, s. 6; 2 Binn. 99; 4 Dall. 441; 4 Kent, Com. 460.