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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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Atlantic Reporter, Nide 113

1921
...this kind is laid down by Mr. Justice Blackburn in Taylor y. Caldwell, 3 B. & S. 826, namely, that — "In contracts in which the performance depends on...given person or thing, a condition is implied that tb<> impossibility of performance arising from the perishing of the person or thing [without the fault...

Reports of Cases Decided in the Supreme Court of the State of Indiana, Nide 162

Indiana. Supreme Court, Charles Frederick Remy, George Washington Self, Philip Zoercher, William H. Adams, Mrs. Edward Franklin White, Emma Mary May - 1904
...''But in contracts from the nature of which 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 become impossible from the perishing of the person or thing, that shall excuse such...

Atlantic Reporter, Nide 84

1913
...the continued existence of a given person or thing is essential to the performance of the contract, Impossibility of performance arising from the perishing of the person or thing without default will excuse the performance," and such cases are said by Mr. Brantly to be exceptions...

McKinney's Consolidated Laws of New York Annotated: With ..., Kirja 40

New York (State) - 1917
...Caldwell, 3 B. & S. 826, 113 ECL 826, to the following effect: "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." So in Kein v. Tupper, (1873) 52 NY 550, it was held that destruction of the subject matter of a contract...

Decisions of the Comptroller General of the United States, Nide 20

United States. General Accounting Office - 1941
...It is a well-recognized exception to the absolute obligation of a contract that, in contracts where the performance depends on the continued existence...implied, that the impossibility of performance arising, without the fault of the contractor, from the perishing of the person or thing, shall excuse the performance....

Reports of Cases Heard and Determined in the Appellate Division of ..., Nide 9

New York (State). Supreme Court. Appellate Division - 1896
...etc., and adds: " The principle seems to us to be that in contracts in which the performance llepends on the continued existence of a given person or thing,...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...

Reports of Cases at Law and in Chancery Argued and Determined in ..., Nide 153

Illinois. Supreme Court - 1895
...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...

Reports of Cases at Law and in Chancery Argued and Determined in ..., Nide 70

Illinois. Supreme Court - 1876
...1074. But 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...

Reports of Cases at Law and in Chancery Argued and Determined in ..., Nide 237

Illinois. Supreme Court - 1909
...error: In contracts from the nature of which it is apparent that the parties contracted on the basis of 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...

Cases Argued and Decided in the Supreme Court of Mississippi ..., Nide 66

Mississippi. Supreme Court - 1890
...Am. Rep. 62, and cases cited ; Benj. Sales 424. It is the English rule, that " in contracts in which performance depends on the continued existence of...thing, a condition is implied that the impossibility arising from the perishing of the person or thing shall excuse non-performance." The destruction of...




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