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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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A Selection of Cases on the Law of Contracts, Nide 2

William Albert Keener - 1898
...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 74

Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1898
...appellant. 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...

The Northwestern Reporter, Nide 74

1898
...the death of either party, under the ground that, "in contracts In which the performance depends upon the continued existence of a given person or thing, a condition Is Implied that tbe Impossibility of performance arising from the perishing of the person or thing shall excuse the...

The American State Reports: Containing the Cases of General Value ..., Nide 69

Abraham Clark Freeman - 1899
...held discharged. Blackburn, J., said: "The principle seems to us to be that, in contracts in which performance depends on the continued existence of...the person or thing, shall excuse the performance." And it is said in Dexter v. Norton, 47 NY 62, 7 Am. Rep. 415: "The reason given for the rule is because,...

The Canadian Law Times, Nide 20

1901
...performance. In the course of his judgment Blackburn, J., observed: — "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. ... It may, we think, be safely asserted to be now English law, that in all (d) 3 B. * S. 82G. contracts...

The Canadian Law Times, Nide 20

1901
...In the course °- his judgment Blackburn, J., observed: — " 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 of icrforniance arising from the perishing of the person or thing shall excuse the performance. ... It...

The Western Reserve Law Journal, Nide 7

1901
...DeCrespigney, 4 QB 180. the class which they call "obligatio de certo corpore." The principle seems 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. Following the doctrine...

A Treatise on the Law of Sale of Personal Property, Nide 2

Floyd Russell Mechem - 1901 - 1578 sivua
...of the goods falls upon him, as the title had not passed.2 The reason given for this rule is " 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 § 1101. . The same...

McMaster's Commercial Decisions Affecting the Banker and Merchant ..., Nide 6

James Smith McMaster - 1903
...but if, from the nature of the contract, 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 death of the person, or by the perishing of the thing,...

The American State Reports: Containing the Cases of General Value ..., Nide 102

Abraham Clark Freeman - 1904
..."But in contracts from the nature of which 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 become impossible from the perishing of the person or thing, that shall excuse such...




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