 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
 | Robert Stewart Morrison - 1885 - 760 sivua
...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... | |
 | 1916 - 1132 sivua
...Is sustained. Second, that the plaintiff cannot recover upon the special contract because, he says, contracts in which the performance depends on the...the person or thing shall excuse the performance, and cites numerous Instances claimed to fall within the rule. But In order to determine whether the... | |
 | 1886 - 976 sivua
...on which it rests ; and he sums up the doctrine as follows : " The principle seems to us to be that in contracts in which the performance depends on the...impossibility of performance arising from the perishing of that person or thing shall excuse the performance." Id. 839. "There is an implied condition from the... | |
 | 1921 - 956 sivua
...this kind is laid down by Mr. Justice Blackburn in Taylor v. Caldwell, 3 B. & S. 826, namely, that — "In contracts in which the performance depends on...given person or thing, a condition is implied that tho impossibility of performance arising from the perishing of the person or thing [without the fault... | |
 | 1886 - 830 sivua
...1074. Hut 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... | |
 | John Innes Clark Hare - 1887 - 748 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... | |
 | 1887 - 918 sivua
...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 impossibility...the person or thing shall excuse the performance. The implication arises in spite of the unqualified character of the promissory words, because, from... | |
 | Colin Blackburn Baron Blackburn - 1887 - 478 sivua
...the principle laid down in Taylor v. Caldwell (fc), in 1803, "The principle seems to us to be that in contracts "in which the performance depends on...thing, a condition is implied, that the impossibility " arising from the perishing of the person or thing shall excuse the "performance (I). If the party... | |
 | 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... | |
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