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" The principle seems to us to be, that in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance, arising from the perishing of the person or thing,... "
Essays and Lectures Upon Some Legal Effects of War - Sivu 77
tekijä(t) Arnold Duncan McNair Baron McNair - 1920 - 168 sivua
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Reports of Cases Argued and Determined in the Supreme Court And, at ..., Nide 89

New Jersey. Supreme Court - 1917
...APPELLANT. Submitted December 2, 1915 — Decided June 6, 1916. 1. When the performance of a contract depends on the continued existence of a given person or thing, a condition is implied that impossibility of performance arising from the perishing of the person or thing shall excuse the performance....

The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1866
...part of that judgment it is said, no doubt in general terms, "The principle seems to us to be that in contracts in which the performance depends on the...the person or thing, shall excuse the performance." The Court of Queen's Bench may have properly adopted and applied this principle in the case of the...

The Law Times, Nide 46

1869
...(See the form, 2 Chitty.) And, in conclusion, he remarked, " The principle seems to us to be that, in contracts in •which the performance depends on...the person or thing shall excuse the performance. In none of these cases is the promise in words other than positive, nor is there any express stipulation...

Michigan Reports: Cases Decided in the Supreme Court of Michigan, Nide 115

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
...held discharged. Blackburn, J., said: ' ' The principle seems to us to be that, in contracts in which performance depends on the continued existence of...the person or thing, shall excuse the performance." And it is said in Dexter v. Norton, 47 NY 62 (7 Am. Rep. 415) : , "The reason given for the rule is...

Reports of Cases at Law and in Chancery Argued and Determined in ..., Nide 61

Illinois. Supreme Court - 1874
...elaborate consideration of the subject and review of the authorities, the principle is deduced that, in contracts in which the performance depends on the...the person or thing shall excuse the performance. Besides, the charter-party in this case contained a provision that the charterers should cause the...

The New Reports, Containing Cases Decided in the Courts of Equity ..., Nide 2

1863
...in contracts in which tho performance depends on the continued existence of a given person "r thing, the impossibility of performance arising from the perishing of the person or thing shall excuse tie performance. In none of these cases is the promise in words other than positive, nor is there any...

The Weekly Reporter

1863
...— Liabilities of the parties in case of performance becoming 'inipossible. In contracts in irJticJi the performance depends on the continued existence of a given person- or thiny, a condition is implied that tlie impossibility nf performance arisi/ty from the perishing of...

Reports of Cases Argued and Determined in the Court of Queen's Bench ..., Nide 3

Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - 1864
...The Booh of Assises. The principle seems to us to be that, in contracts in which the performance i depends on the continued existence of a given person...the person or thing shall excuse the performance. In none of these cases is the promise in words other than positive, nor is there any express stipulation...

English Reports Annotated, 1866-1900, Nide 2,Osa 1

Maxwell Alexander Robertson - 1866
...part of that judgment it is said, no doubt in general terms, " The principle seems to us to be that in contracts in which the performance depends on the...the person or thing, shall excuse the performance." The Court of Queen's Bench may have properly adopted and applied this principle in the case of the...

Reports of Cases Argued and Determined in the Court of Common Pleas ..., Nide 50

Great Britain. Court of Common Pleas, Octavian Baxter Cameron Harrison, Henry Rutherfurd - 1868 - 928 sivua
...judgment it is said, no doubt in general terms, p. 839 — " The principle seems to us to be that, in contracts in which the performance depends on the...the person or thing shall excuse the performance." The Court of Queen's Bench may have properly adopted and applied the principle in the case of the contract...




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