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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
Koko teos - Tietoja tästä kirjasta

Federal courts and practice: all Sherman law trust prosecutions and syllabus ...

1912 - 874 sivua
..."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...

A Treatise on the Rescission of Contracts and Cancellation of ..., Nide 1

Henry Campbell Black - 1916 - 1779 sivua
...force at the time the lease was made.282 § 209. Same; Destruction or Perishing of Subject-Matter. — In contracts in which the performance depends on the continued existence of a given person or thing, there is an implied condition that an impossibility of performance arising from the perishing of the...

A Treatise on the Rescission of Contracts and Cancellation of ..., Nide 2

Henry Campbell Black - 1916 - 1779 sivua
...* * Where, from the nature of the covenant, 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 the performance became impossible from the perishing of the person or thing, that shall excuse such...

Documents of the Senate of the State of New York, Nide 35

New York (State). Legislature. Senate - 1916
...LR (4 QB) 134; Opinion by Rodenbeck, J. Jones VU 8., 96 US 24.) But it ia 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 Southeastern Reporter, Nide 89

1916
...R. 4 QB 134 ; Jones v. United States, 9G US 24, 24 IA Ed. 644. 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 of...

A Selection of Cases on Commercial Law

James Calvin Reed - 1917 - 626 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...

Ruling Case Law: As Developed and Established by the Decisions and ..., Nide 18

William Mark McKinney, Burdett Alberto Rich - 1917
...performance of which depends upon the continued existence of a certain person or thing. In this case a condition is implied that the impossibility of performance...the person or thing shall excuse the performance. The implication arises in spite of the unqualified character of the promissory words, because, from...

Selected Cases on the Law of Quasi-contracts

Edwin Hamlin Woodruff - 1917 - 650 sivua
...that "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...

The Pacific Reporter, Nide 173

1918
...principle of the law of contracts that, when the performance thereof depends on the continued existence a given person or thing, a condition is implied that the impossibility arising from the perishing of the person or thing excuses performance, but we must confess that we...

Reports of cases determined in the district courts, Nide 36

1919
...:ia.) 25. EXISTENCE or SUBJECT MATTER — IMPLIED CONDITION. — When the performance of a contract depends on the continued existence of a given person or thing, a condition ia implied that the impossibility arising from the perishing of the person or thing excuses performance....




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