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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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Cases for Analysis: Materials for Practice in Reading and Stating Reported ...

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...

Reports of Cases Decided in the Court of Appeals of the State of ..., Nide 142

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1894
...Ford v. Cottsworth, LR [4 QB] 134; Jones \. U. 8., 96 IT. S. 24.) 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...

Lawyers' Reports Annotated, Kirja 24

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...

Notes and Commentaries on the Sale of Goods Act 1893 (56 & 57 Vict. Ch. 71 ...

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,...

The American State Reports: Containing the Cases of General Value ..., Nide 46

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...

Reports of Cases Decided in the Appellate Courts of the State of ..., Nide 66

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,...

The Law of Mines and Mining in the United States, Nide 1

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...

Engineering and Architectural Jurisprudence: A Presentation of the Law of ...

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...

2 years transportation progress, Nide 41

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...

Wisconsin Reports, Nide 98

Wisconsin. Supreme Court, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold, Arnold LeBell - 1898
...the death of either party, upon the ground that, " in contracts in which the performance depends upon the continued existence of a given person or thing,...the impossibility of performance arising from the per- • Volk and others vs. Stowell. ishing of the person or thing shall excuse the performance, because,...




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