 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 77tekijä(t) Arnold Duncan McNair Baron McNair - 1920 - 168 sivuaKoko teos - Tietoja tästä kirjasta
 | Eugene Wambaugh - 1894 - 549 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...the person or thing shall excuse the performance. The implication arises in spite of the unqualified character of the promissory words, because, from... | |
 | 1894
...4 QB 134 ; Janee v. United States. 99 U. 8. 24, 24 L. cd. 644. But it is nowwell 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... | |
 | Richard Brown - 1895 - 399 sivua
...on Taylor v. Caldwdl* (1863), where an important general principle was laid down in these words : " In contracts in which the performance depends on the...the person or thing shall excuse the performance." 5 The Price. 8.—(1.) The price (a) in a contract of sale (6 ) may be Sect . 8. fixed by the contract,... | |
 | Abraham Clark Freeman - 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... | |
 | Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1897
...which, when destroyed by fire, was his property, loses what he had already done. In contracts in which performance depends on the continued existence of...given person or thing, a condition is implied that performance is excused by the perishing of such person or thing. Taylor v. Caldwell, 3 Besttfe Smith,... | |
 | Daniel Moreau Barringer, John Stokes Adams - 1897
...unprofitable." " 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... | |
 | John Cassan Wait - 1897 - 905 sivua
...it; but where, from the nature of the contract, 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 becomes impossible from the perishing of the person or thing, that shall excuse... | |
 | 1897
...picture, deliver a particular horse, hold a concert, and adds: "The principle seems to us to be that, in contracts in which the performance depends on the continued existence of a certain person or thing, a condition is implied that the impossibility of performance arising from... | |
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