...might not have recovered for it as on a quantum meruit. In short, it is admitted law that generally where there is a positive contract to do a thing not...performance of his contract has become unexpectedly burdensome or even impossible (d). Prohi- Where the performance of a contract becomes impracfmviffn...

...contractor." The judgment of Blackburn, J., is very full. He says (p. 833): " There seems no doubt that where there is a positive contract to do a thing,...become unexpectedly burthensome or even impossible." I do not think that this class of cases can affect the plaintiffs' right. I have examined the authorities,...

...be rebuilt, at whatever cost.4 " There seems," said Blackburn, J., in Taylor r. Caldwell, " no doubt that where there is a positive contract to do a thing...damages for not doing it, although in consequence of 1 Taylor v. Caldwell, 3 Best & Smith, 826, 833; Hall v. Wright, 3 EB & E. 746; Thomas v. Knowles, 128...

...Contracts, marg. p. 362; Hare Contracts, p. 648.) But where there is a positive contract to do a tiling not in itself unlawful, the contractor must perform...performance of his contract has become unexpectedly burdensome, or even impossible. In such a case. to use the language of Judge RUOGLES, in Harmony v....

...McCabe, 53 Wis. 250, the authorities are considered by Cassoday, J., and these conclusions reached: "1. Where there is a positive contract to do a thing not...performance of his contract has become unexpectedly burdensome, or even impossible. 2. But this rule ia only applicable when the contract is positive and...

...contains some observations which are very much in point. BLACKBUEK, J., there says: " There seems no doubt that where there is a positive contract to do a thing...damages for not doing it, although in consequence of unforseen accidents the performance of his contract has become unexpectedly burdensome or even impossible....

...J., in Taylor v. Caldwdl," where he says, in giving the judgment of the Court, " There seems no doubt that where there is a positive contract to do a thing...become unexpectedly burthensome, or even impossible." (Hills v. Sughrue3), supra, section 6 (1), (guano. at Ichaboe). " A positive contract to do a thing...

...— Liability for damage occasioned by unforeseen accident — Liability for rent while under repair. Where there is a positive contract to do a thing not...the contractor must perform it or pay damages for non-performance, although, in consequence of unforeseen causes, the performance of the contract has...

...contains some observations which are very much in point. Blackburn, J., there says: "There seems no doubt that where there is a positive contract to do a thing...accidents the performance of his contract has become unexpected!y burdensome or even impossible. . . . But this rule is only applicable when the contract...

...question must depend upon the general rules of law applicable to such a contract. There seems no doubt that where there is a positive contract to do a thing,...performance of his contract has become unexpectedly burdensome or even impossible. The law is so laid down in i Roll. Abr. 450, Condition (G), and in the...