 | Henry Ballow, John Fonblanque - 1820 - 492 sivua
...notwithstanding any accident by inevitable necessity, because he might have provided against such liability by his contract : and therefore, if the lessee covenant...repair a house, though it be burnt by lightning, or destroyed by the king's enemies, yet the lessee is bound to repair it ; Dyer, 33, a. Hob. 40 ; so if... | |
 | Thomas Platt - 1829 - 720 sivua
...it by his contract. And therefore, if a lessee covenants to repair a house, though it be destroyed by lightning, or thrown down by enemies, yet he ought to repair it (d). In consequence of this obligation, and in order to afford some protection to the tenant, it is... | |
 | Beamish Murdoch - 1833 - 254 sivua
...therefore bound to rebuild. See Wms. n. 2 Saund, 422, (2), Walton v. Waterhouse. For the same reason, if a lessee covenant to repair a house, though it be burnt by lightning, or thrown down by enemies, fall down, or be destroyed by any other inevitable accident, yet he is bound to repair it within a... | |
 | Joseph Story - 1840 - 686 sivua
...is disabled to perform it without any default in him, and he hath no remedy over, there the law will excuse him ; as in the case of waste, if a house be...or thrown down by enemies, yet he ought to repair it."6 1 Jones on Bailm. 43, 44, 45. 2 Doct and Stud. Dial. 2, ch. 38 ; Ante, § 35. 3 2 Ld. Raym. 909,... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - 1844 - 1274 sivua
...will hold this bad been destroyed by the war plea. Whereupon the writ was 964, 184-2. EVANS v. BUTTON. creates a duty or charge upon himself, he is bound...thrown down by enemies, yet he ought to repair it; Dyer, 33 a., 40 E.3. 6." (a) That case has been repeatedly recognised and affirmed in more modern decisions.... | |
 | Archibald John Stephens - 1842 - 1072 sivua
...by inevitable necessity, because he might have provided against it by his contract. If, therefore, a lessee covenant to repair a house, though it be burnt by lightning or by accident, or thrown down by the king's enemies, yet he is bound to repair it. (2) If a lease for... | |
 | Joseph Story - 1846 - 726 sivua
...charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by me vi table necessity ; because he might have provided against...or thrown down by enemies, yet he ought to repair it"3 This distinction has the countenance of highly respectable authorities.4 But, in the present state... | |
 | Charles Greenstreet Addison - 1847 - 988 sivua
...by his contract. And therefore, if the lessee covenant to repair a house, though it be burned down by lightning, or thrown down by enemies, yet he ought to repair it." (/>) Thus where a lease was made of a meadow, by which the river Exeran, and the lessee covenanted... | |
 | Joseph Story - 1851 - 732 sivua
...Mass. R. 325 ; Phillips v. Stevens, 16 Mass. R. 238 ; 2 Saund. 422, note by Williams (2) ; 6 TR 759. bound to make it good, if he may, notwithstanding...thrown down by enemies, yet he ought to repair it." 1 This distinction has the countenance of highly respectable authorities.2 But, in the present state... | |
 | Great Britain. Parliament. House of Lords - 1855 - 852 sivua
...if the lessee ,OMTASY. covenant to repair a house, though it be burnt by ford CftntiCKllor'g ofimm. lightning or thrown down by enemies, yet he ought to repair it." This, my Lords, is a leading case, and proceeds upon very intelligible grounds. It was followed in... | |
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But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract. And therefore if the... 
