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It may be added that if the performance of a covenant is rendered impossible by an act of eminent domain the covenantor is excused.

If, on the other hand, A had won his case B would then have a good cause of action against his covenantor.

The person who makes, and is bound to perform, the promise or stipulation is the covenantor: the person in whose favour it is made is the covenantee.

A vendor, who is the absolute beneficial owner, now conveys expressly “as beneficial owner,” which words, by virtue of the Conveyancing Act 1881, imply covenants by him with the purchaser that he has a right to convey, for quiet enjoyment, freedom from incumbrances, and for further assurance—limited, however, to the acts and defaults of the covenantor and those through whom he derives his title otherwise than by purchase for value.

A trustee or an incumbrancer joining in the deed conveys “as trustee” or “as mortgagee,” by which words covenants are implied that the covenantor individually has not done or suffered anything to incumber the property, or prevent him from conveying as expressed.