 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 77tekijä(t) Arnold Duncan McNair Baron McNair - 1920 - 168 sivuaKoko teos - Tietoja tästä kirjasta
 | 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.... | |
 | 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... | |
 | 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. 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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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