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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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The Works of James Abram Garfield, Nide 2

James Abram Garfield - 1882
...defendant was excused for nonperformance. My friend read this passage from the opinion of 'the court: — " In contracts in which the performance depends on the...the person or thing shall excuse the performance." That we may know the reason for this view, I read the concluding paragraph of the opinion: — " In...

Reports of Cases Decided in the Court of Appeal

Ontario. Court of Appeal, James Stewart Tupper, Richard Scougall Cassels - 1883
...Court, after commenting on the authorities, says, at 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." Here, for the reason already given, the parties must have contemplated the continued existence of the...

Supreme Court Reporter, Nide 2

United States. Supreme Court - 1883
...liability for freight was concerned. In Taylor v. Caldwell, 3 Best & S. 826, it is laid down as a rule that "in contracts in which the performance depends on...the person or thing shall excuse the performance." The reason given for the rule is that without "any express stipulation that the destruction of the...

United States Reports: Cases Adjudged in the Supreme Court at ..., Nide 108

United States. Supreme Court - 1884
...freight was concerned. In Taylor v. Caldwell, 3 Best & Smith, 826, it is laid down as a rule, that, " in contracts in which the performance depends on the...the person or thing shall excuse the performance." The reason given for the rule is, that without " any express stipulation that the destruction of the...

United States Reports: Cases Adjudged in the Supreme Court, Nide 108

United States. Supreme Court - 1884
...freight was concerned. In Taylor v. Caldwell, 3 Best ife Smith, 826, it is laid down as a rule, that, " in contracts in which the performance depends on the...the person or thing shall excuse the performance." The reason given for the rule is, that without " any express stipulation that the destruction of the...

The Pacific Reporter, Nide 173

1918
...plant. It Is an undoubtedly sound principle of the law of contracts that, when the performance thereof depends on the continued existence of a given person...thing, a condition is implied that the impossibility arising from the perishing of the person or thing excuses performance, but we must confess that we...

Benjamin's Treatise on the Law of Sale of Personal Property: With ..., Nide 2

Judah Philip Benjamin - 1884 - 1314 sivua
...continued existence of a given pet-son or thing, a condition is implied, that the impossibility arisiny from the perishing of the person or thing shall excuse the performance. H This case was followed in Appleby v. Meyers, in the Exchequer Chamber, (a) And in Robinson ». Davison,...

A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - 1884 - 978 sivua
...contracts al>- son (US), R. 44. aolutely to do a thing, not naturally (A) "The act of God is in some from the perishing of the person or thing shall excuse the performance (t). "Where personal considerations," it has been t said (k), " are of the foundation of the contract,...

The Northeastern Reporter, Nide 6

1886
...on which it rests, and he sums up the doctrine as follows: "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. [Page 839.] * * * There is an implied condition from the nature of the contract. [Page 836.]" See,...

The Northeastern Reporter, Nide 22

1890
..."But in contracts from the nature of which it is apparent that the purties 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...




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