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

Judah Philip Benjamin - 1888 - 1010 sivua
...some further illustrations, the rule was laid down as follows : " The principle seems to us to be that in contracts in which the performance depends on the...thing, a condition is implied, that the impossibility arising from the perishing of the person or thing shall excuse the performance." This case was followed...

The New York Supplement

1911
...Cotesworth LR (4 QB) 134 ; Jones v. US, 90 US 24 [24 L. Ed. 014]. But it is now well settled that when performance depends on the continued existence of a given person or thing, and such continued existence was assumed as the basis of the agreement, the death of the person or...

The American and English Encyclopedia of Law, Nide 10

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1889
...v. Franklin, 7 Leigh (Va.) i. 2. Performance Dependent on Existence of Person or Thing. — In all contracts in which the performance depends on the continued existence of a, specified person or thing, a condition is implied that impossibility of performance arising from the...

The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1

James Mackintosh - 1892 - 272 sivua
...sufficient answer that the hall had been destroyed by accidental fire ; and the rule was laid down that ' in contracts in which the performance depends on the...thing, a condition is implied that the impossibility arising from the perishing of the person or thing shall excuse the performance.' The civil law, which...

Lawyers' Reports Annotated, Kirja 14

1892
...contingency, rtuily v. DeCreepigny. LR 4 Q. II. 180. If it is apparent that parties contracted on the basis of the continued existence of a given person or thing, a condition is Implied that If performance becomes impossible from the perishing of the person or thing, the performance shall...

The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1

James Mackintosh - 1892 - 272 sivua
...on the continued existence of a given person or thing, a condition is implied that the impossibility arising from the perishing of the person or thing shall excuse the performance.' The civil law, which implies such an exception in all cases of obligation de certo corpore (eg D. 46,...

Illustrative Cases in Contracts

William Sullivan Pattee - 1893 - 532 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...

A Treatise of the Law of Damages: Embracing an Elemantary Exposition ..., Nide 2

Jabez Gridley Sutherland - 1893
...J., delivering the unanimous decision of the court, said : " The principle seems to us to be, that in contracts in which the performance depends on the...thing, a condition is implied that the impossibility arising from the perishing of the person or thing shall excuse the performance." 4 This principle was...

Cases Determined in the St. Louis and the Kansas City Courts of ..., Nide 49

Missouri. Courts of Appeals - 1893
...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...the perishing of the person or thing shall excuse performance. The implication arises in spite of the unqualified character of the promissory words,...

American Cases on Contract: Arranged in Accordance with the Analysis of ...

Ernest Wilson Huffcut, Edwin Hamlin Woodruff - 1894 - 718 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...




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