 ... that excuse is by law implied, because from the nature of the contract it is apparent that the parties contracted on the basis of the continued existence of the particular person or chattel.  The Weekly Reporter - Sivu 7231863Koko teos - Tietoja tästä kirjasta
 | 1869 - 492 sivua
...it is apparent that the parties contracted on the basis of the continued existence of the particular person or chattel. In the present case, looking at...contracted on the basis of the continued existence of the music-hall at the time when the concerts were to be given, that being essential to their performance."... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1899 - 814 sivua
...415) : , "The reason given for the rule is because, from the nature of the contract, it is apparent that the parties contracted on the basis of the continued existence of the particular person or thing." That there are cases where such an inference is reasonable is obvious,... | |
 | 1863 - 620 sivua
...performance, but that excuse is by law implied, because, from the nature of the contract, it is apparent that the parties contracted on the basis of the continued existence of the particular person or chattel. In the present case, looking at tho whole contract, v? find that the... | |
 | 1872 - 438 sivua
...person or thing, shall excuse the performance, because, from the nature of the contract, it is apparent that the parties contracted on the basis of the continued existence of the particular person or thing. (113 ECLB 824.) Ib. 1. Letters of administration: consideration: pretumpUon... | |
 | India, Charles Colin Macrae - 1874 - 274 sivua
...continued existence of a given person or thing, because from the nature of the contract it is apparent that the parties contracted on the basis of the continued existence of the particular person or chattel. So that, where A had agreed to take, and B had agreed to let a theatre... | |
 | 1898 - 562 sivua
...Railroad Co. v. Railroad Co., Ill NY 132. Second, where from the nature of the contract it is evident that the parties contracted on the basis of the continued existence of the person or thing to which it relates. Dexter v. Norton, 47 NY 62; Lord v. Wheeler, 1 Gray, 282; Wells... | |
 | 1881 - 638 sivua
...performance ; but that excuse is by law implied, because from the nature of the contract it is apparent that the parties contracted on the basis of the continued existence of the particular person or chattel." Mr. Anson. in his recent work on Contracts, (p. 315). has divided the... | |
 | 1875 - 356 sivua
...fault of the contractor, the parties shall be excused. So, in the present c.ase, the parties having contracted on the basis of the continued existence of the Music Hall, and the hall having ceased to exist without the fault of either party, both parties were excused. It... | |
 | Frederick Pollock - 1876 - 692 sivua
...in words positive, the exception is allowed " because from the nature of the contract it is apparent that the parties contracted on the basis of the continued existence of the particular person or chattel." The same principle was followed in ApiileJuj v. Meyers («). Appleby... | |
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