A covenant is a contract in which the covenanter makes a promise to a covenantee to do or not do some action. |
Hence the plaintiff must always be privy in estate with the covenantee. |
This means that the covenantee has a choice between suing the owner, or proceeding against the original covenantor. |
The covenantee must declare the full amount receivable on his tax return so that he can be given credit for the tax withheld. |
When such a covenant is made, the legal estate in the land passes at once to the covenantee under the statute. |
Nor will it assist the appellant if it falls within the first class, since he was not the original covenantee. |