 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 79tekijä(t) Arnold Duncan McNair Baron McNair - 1920 - 168 sivuaKoko teos - Tietoja tästä kirjasta
 | 1905 - 1162 sivua
..."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 such... | |
 | 1919 - 948 sivua
...JH.) 25. EXISTENCE o? SUBJECT MATTER — IMPLIED CONDITION. — When the performance of a contract depends on the continued existence of a given person...thing, a condition is implied that the impossibility arising from the perishing of the person or thing excuses performance. (AB Field & Co., Inc., v. Haven,... | |
 | 1908 - 660 sivua
...But in contracts from the nature of which it is apparent that the parties contracted on a 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... | |
 | Frank Alexander Erwin - 1909 - 728 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... | |
 | Connecticut, John Elliott - 1909 - 956 sivua
...640. 31. School District No. 1 v. Dauchy, 25 Conn. 530, 535. " 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." Taylor v. Caldwell... | |
 | Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, James Christopher Cahill, Basil Jones, James Max Henderson, Ray Smith - 1909 - 702 sivua
...contracts from the nature of which it is apparent that the parties contracted on the basis of continual 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... | |
 | Alexander Haring - 1910 - 542 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... | |
 | Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1910 - 838 sivua
...in contracts where the performance depends on the continued existence of a specified person, animal, or thing, a condition is implied that the impossibility of performance arising from the death of the person or animal or the destruction of the thing, excuses the performance. This principle... | |
 | 1910 - 1180 sivua
...authorities, upon the proposition that in such cases a condition is implied that the impossibility arising from the perishing of the person or thing shall excuse the performance. Where, as was the case in Wilmington, etc., Co. v. O'Neil, 98 Cal. 1, 32 Рас. 703, cited by counsel,... | |
 | George Louis Reinhard - 1911 - 852 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 impossibility...the person or thing shall excuse the performance. The implication arises in spite of the unqualified character of the promissory words, because, from... | |
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