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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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Legal Definitions: A Collection of Words and Phrases as Applied and ..., Nide 2

1920
...of the parties. 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...

Cases on Commercial Law: General Survey, Contracts, Agency, Bailments, Sales ...

Alfred William Bays - 1923 - 1536 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...

Law Books and Their Use: A Manual for Lawyers and Students with a Chapter on ...

1924 - 396 sivua
...judges at least as early as the Book of Assizes. The rule is, however, not limited to bailments. In all 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. In none of the cases...

The South Western Reporter, Nide 261

1924
...contemplated. Therefore, the authorities upon which the appellants rely, to the effect that In all 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, have no application...

Cases on the Law of Sales of Goods: Selected from Decisions of English and ...

Frederic Campbell Woodward - 1925 - 851 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...

Selected Cases on the Law of Contracts

Ernest Wilson Huffcut, Edwin Hamlin Woodruff - 1925 - 808 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...

Law Books and Their Use: A Manual of Legal Bibliography, Legal Research and ...

1925 - 506 sivua
...judges at least as early as the Book of Assizes. The rule is, however, not limited to bailments. In all 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. In none of the cases...

The Federal Reporter: With Key-number Annotations ..., Nide 282

1923
...plaintiff has not performed. The court cited Taylor v. Caldwell, 3 Best & Smith. 826, to the effect that, in contracts in which the performance depends on the continued existence of a thing, a condition is implied that the impossibility of performance arising from the perishing of the...

The Central Law Journal, Nide 89

1919
...authorities and precedents on the law of contract laid down this qualification of the general rule — ''in contracts in which the performance depends on...the person or thing shall excuse the performance." As we shall see, that principle has been developed and extended until in the cases of breach of contract...

The Central Law Journal, Nide 46

1898
...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 : "The reason given for the rule is because, from tbe...




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