 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 77tekijä(t) Arnold Duncan McNair Baron McNair - 1920 - 168 sivuaKoko teos - Tietoja tästä kirjasta
 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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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