 | 1872 - 438 sivua
...inevitable accident nor the act of God will excuse him. Ib. 5. But where the performance of a contract depends on the continued existence of a given person...the person or thing, shall excuse the performance, because, from the nature of the contract, it is apparent that the parties contracted on the basis of... | |
 | Herbert Broom - 1874 - 880 sivua
...the continued existence of a given person or thing, a condition may be implied that the impossibility arising from the perishing of the person or thing shall excuse the performance.1 "Where personal considerations," it has been said,2 "are of the foundation of the contract,... | |
 | William Evans - 1879 - 802 sivua
...the work done. The principle stated by the Queen's Bench, in Taylor v. Caldwell (5), to the effect that " in contracts in which the performance depends...the person or thing shall excuse the performance," was not applied to the present case, because, in the opinion of the court, it fell within the qualification... | |
 | Josiah William Smith - 1880 - 800 sivua
...non-performance is excused : First, where the per- formaix*. formance depends on the continued existence of a person or thing, a condition is implied that the impossibility...arising from the perishing of the person or thing •without the fault of the contractor, shall excuse the performance. (Taylor v. Coldwell, 3 Best &... | |
 | Charles Edmund Baker - 1881 - 200 sivua
...on the continued existence of a given person or thing, a condition is implied that the impossibility arising from the perishing of the person or thing shall excuse the performance of the contract. In ull these cases the promise to perform the certain thing is positive, and there... | |
 | James Abram Garfield - 1882 - 842 sivua
...defendant was excused for nonperformance. My friend read this passage from the opinion of 'the court: — " In contracts in which the performance depends on the...the person or thing shall excuse the performance." That we may know the reason for this view, I read the concluding paragraph of the opinion: — " In... | |
 | Ontario. Court of Appeal, James Stewart Tupper, Richard Scougall Cassels - 1883 - 858 sivua
...J., in delivering the judgment of the Court, after commenting on the authorities, says, at p. 839: " The principle seems to us to be that, in contracts...the person or thing shall excuse the performance." Here, for the reason already given, the parties must have contemplated the continued existence of the... | |
 | United States. Supreme Court - 1883 - 1004 sivua
...liability for freight was concerned. In Taylor v. Caldwell, 3 Best & S. 826, it is laid down as a rule that "in contracts in which the performance depends...person or thing shall excuse the performance." The reason given for the rule is that without "any express stipulation that the destruction of the person... | |
 | United States. Supreme Court - 1884 - 666 sivua
...liability for freight was concerned. In Taylor v. Caldwell, 3 Best & Smith, 826, it is laid down as a rule, that, " in contracts in which the performance depends...person or thing shall excuse the performance." The reason given for the rule is, that without " any express stipulation that the destruction of the person... | |
 | United States. Supreme Court - 1884 - 666 sivua
...for freight was concerned. In Taylor v. Caldwell, 3 Best ife Smith, 826, it is laid down as a rule, that, " in contracts in which the performance depends...person or thing shall excuse the performance." The reason given for the rule is, that without " any express stipulation that the destruction of the person... | |
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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 shall... 
