Page:Harvard Law Review Volume 1.djvu/394

  of equity jurisdiction, whether a single negative covenant or promise of several negative covenants or promises constitute one side of a contract. Seventhly, it will be no objection to enforcing a negative covenant or promise in equity that such covenant or promise constitutes only a part of one side of a contract, the remainder being affirmative, if the latter be of such a nature that equity can enforce that also; or if the negative part be so separate and distinct from the afiirmative part that the former ought to be performed, whether the latter be performed or not; or if there have been as yet no breach of the affirmative part; but if an injunction be granted on this latter ground alone, it will have to be dissolved in the event of the affirmative part being afterwards broken.

Care must be taken not to assume unwarrantably that a contract contains a negative covenant or promise; for it does not follow, because a breach of a covenant or promise may consist of acts of mis-feasance, that therefore the covenant or promise is negative. Accordingly it seems that there was no negative promise in Smith v. Fromont; and that fact alone was a sufficient ground for