...common law, is, that in contracts in which performance depends upon the continued existence of a certain person or thing, a condition is implied, that the...the perishing of the person or thing shall excuse performance. The implication arises in spite of the unqualified character of the promissory words,...

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...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...

...common law, is, that in contracts in which performance depends upon the continued existence of a certain person or thing, a condition is implied, that the...the person or thing shall excuse the performance. The implication arises in spite of the unqualified character of the promissory words, because, from...

...Ford v. Cottsworth, LR [4 QB] 134; Jones \. U. 8., 96 IT. S. 24.) 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...

...4 QB 134 ; Janee v. United States. 99 U. 8. 24, 24 L. cd. 644. But it is nowwell 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...

...on Taylor v. Caldwdl* (1863), where an important general principle was laid down in these words : " In contracts in which the performance depends on the...the person or thing shall excuse the performance." 5 The Price. 8.—(1.) The price (a) in a contract of sale (6 ) may be Sect . 8. fixed by the contract,...

...are regarded as insurers to the extent of making good the loss. There is a principle of the law that, in contracts in which the performance depends on the continued existence of a given or specified person or animal or thing, a condition is implied that the impossibility of performance...

...which, when destroyed by fire, was his property, loses what he had already done. In contracts in which performance depends on the continued existence of...given person or thing, a condition is implied that performance is excused by the perishing of such person or thing. Taylor v. Caldwell, 3 Besttfe Smith,...

...unprofitable." " Where from the nature of the covenant it is apparent the parties contracted on the basis of the continued existence of a given person or thing, a condition is implied that, if the performance became impossible from the perishing of the person or thing, that shall excuse such...