 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 79tekijä(t) Arnold Duncan McNair Baron McNair - 1920 - 168 sivuaKoko teos - Tietoja tästä kirjasta
 | John Innes Clark Hare - 1887 - 728 sivua
...where, from the nature of the covenant, it is apparent that the parties contracted on the basis of the continued existence of a given person or thing, a condition is implied that if the performance becomes impossible from the perishing of the person or thing, that shall excuse... | |
 | 1893 - 1254 sivua
...stated by Blackburn, J., in Taylor v. Caldwell, 113 ECL 824: "The principle seems to us to be tliat. in contracts in which the performance depends on the...the person or thing, shall excuse the performance." This rule has been adopted by our court of appeals, (Dexter v. Norton, 47 NY 62,) and cited with approval... | |
 | Judah Philip Benjamin - 1888 - 1034 sivua
...some further illustrations, the rule was laid down as follows : " The principle seems to us to be that in contracts in which the performance depends on the...thing, a condition is implied, that the impossibility arising from the perishing of the person or thing shall excuse the performance." This case was followed... | |
 | 1911 - 1320 sivua
...Cotesworth LR (4 QB) 134 ; Jones v. US, 90 US 24 [24 L. Ed. 014]. But it is now well settled that when performance depends on the continued existence of a given person or thing, and such continued existence was assumed as the basis of the agreement, the death of the person or... | |
 | James Mackintosh - 1892 - 300 sivua
...sufficient answer that the hall had been destroyed by accidental fire ; and the rule was laid down that ' in contracts in which the performance depends on the...thing, a condition is implied that the impossibility arising from the perishing of the person or thing shall excuse the performance.' The civil law, which... | |
 | 1892 - 936 sivua
...contingency, rtuily v. DeCreepigny. LR 4 Q. II. 180. If it is apparent that parties contracted on the basis of the continued existence of a given person or thing, a condition is Implied that If performance becomes impossible from the perishing of the person or thing, the performance shall... | |
 | 1892 - 312 sivua
...on the continued existence of a given person or thing, a condition is implied that the impossibility arising from the perishing of the person or thing shall excuse the performance.' The civil law, which implies such an exception in all cases of obligation de certo corpore (eg D. 46,... | |
 | William Sullivan Pattee - 1893 - 554 sivua
...at the close of his opinion, lays down the rule as follows : " 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." And the reason given for the rule is, " because from the nature of the contract, it is apparent that... | |
 | Jabez Gridley Sutherland - 1893 - 860 sivua
...J., delivering the unanimous decision of the court, said : " The principle seems to us to be, that in contracts in which the performance depends on the...thing, a condition is implied that the impossibility arising from the perishing of the person or thing shall excuse the performance." 4 This principle was... | |
| |
