covenantor


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Related to covenantor: covenantee

covenantor

a party who makes a promise and who is to perform the obligation expressed in a COVENANT.

COVENANTOR. One who becomes bound to perform a covenant.
     2. To become a covenantor a person must be sui juris, and intend, at the time of becoming bound, to covenant to perform some act mentioned in the covenant. He can be discharged from his covenant by performance, or, by the act of the covenantee, as the non-performance of a condition precedent, a release, or a rescission of the contract.

References in periodicals archive ?
1st DCA 1991)) ("Although this rule is typically applied to permit recovery when an attorney's services are rendered in a separate action, it appears from our review of the pertinent authorities that the circumstance justifying such an award is the necessity of entering into litigation against a third party, and not whether the action is separate or part of the lawsuit against the covenantor.
For example, a covenant not to allow trees to grow above a certain height, although worded in a negative way, is nevertheless a positive covenant because it requires the covenantor to take positive action to comply.
Genning, a prohibition was sought in the King's Bench against a suit in the marches of Wales for the specific performance of a covenant to grant a lease, and Coke said that it would subvert the intention of the covenantor, since he intends it to be at his election either to lose the damages or to make the lease.