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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 Mining Reports: A Series Containing the Cases on the Law of ..., Nide 8

Robert Stewart Morrison - 1885
...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...

Atlantic Reporter, Nide 96

1916
...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...

The Eastern Reporter: Containing All the Decisions of the States of ..., Nide 5

1886
...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...

Atlantic Reporter, Nide 113

1921
...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...

Main Et Al. Vs. Central Pacific R.R.: Arguments of Brown & Bishop for ...

1886
...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...

The Law of Contracts

John Innes Clark Hare - 1887 - 679 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...

The American Decisions: Containing All the Cases of General Value ..., Nide 84

1887
...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...

A Treatise on the Effect of the Contract of Sale on the Legal Rights of ...

Colin Blackburn Baron Blackburn - 1887 - 427 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...

The Law of Contracts

John Innes Clark Hare - 1887 - 679 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...

The New York Supplement

1893
...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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