Howland v. Marvin
California Supreme Court
Howland v. Marvin, 5 Cal. 501 (Cal. 1855)
Heydenfeldt
Howland v. Marvin
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
Judgment affirmed.
Reference
- Full Case Name
- GEORGE S. HOWLAND v. A. S. MARVIN, of Marvin McNulty
- Status
- Published
- Syllabus
- A covenant not to sue for five years, is no bar to the action, but the defendant must rely upon the covenant for his remedy.