 | Nathan Howard (Jr.) - 1869 - 670 sivua
...be strictly performed to entitle a party to recover. Judge ALLEN, in his opinion, said : "Whenever a party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against... | |
 | Punjab (India) - 1869 - 838 sivua
...other unavoidable contingency, as lightning, or an extraordinary flood. And by his own contract, create a duty or charge upon himself, he is bound to make it good if he can, notwithstanding apy accident by inevitable necessity ; for if he had chosen to guard against... | |
 | Robert Dewey Benedict, Benjamin Lincoln Benedict - 1870 - 624 sivua
...prohibition did not dissolve the contract, nor can it absolutely excuse a nonperformance of it. Where a party, by his own contract, creates a duty or charge...bound to make it good, notwithstanding any accident Holyoke v. Depew. by inevitable necessity, because lie might have provided against it by his contract... | |
 | United States. Supreme Court - 1870 - 868 sivua
...Story says this is the result of all the cases.* In Paradine v. Jane,f the court said : " When the party by his own contract creates a duty or charge upon himself he is bound to make it good if he may, notwithstanding any accident by inevitable necessity, because he might have guarded against... | |
 | Great Britain. Courts - 1870 - 556 sivua
...without any default in him, and hath no *remedy over, there the law will excuse him." " But, when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against... | |
 | Austin Abbott - 1870 - 570 sivua
...found to the contrary. The principle is thus stated in Paradine v. Jane (Aleyn, 26), decided in 1648: ''When a party by his own contract creates a duty or charge upon himself, he * The act of 1860 (Laws of 1860, 592, ch. 345), is as follows : "The lessees or occupants of any building... | |
 | Nathan Howard (Jr.) - 1871 - 702 sivua
...stated by Mr. Justice EDWARDS in Havemeyer agt. Bingham (12 NY, 99, 107.) Kein ngt. Tapper. He says, " when a party by his own contract, creates a duty or...bound to make it good ; notwithstanding any accident or delay by inevitable necessity, because he might have provided against it by contract." The meritorious... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1867 - 674 sivua
...is a settled rule of law that where a party by his own contract absolutely engages to do an act, or creates a duty or charge upon himself, he is bound to make it good notwithstanding any accident or other contingency not foreseen by or within the control of the party, unless its performance is... | |
 | 1872 - 384 sivua
...perform it without any default in him, and halb no remedy over, theu law will excuse him, but when the party by his own contract creates a duty or charge upon himself he is bound to make it good if he muy, notwithstanding any accident by inevitable necessity, because he might have provided against... | |
 | 1901 - 542 sivua
...without any default in him, and hath no remedy over, there the law will excuse him. . . but when the party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against... | |
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... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract. 
