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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,... "
Reports of Cases Decided in the Appellate Courts of the State of Illinois - Sivu 106
tekijä(t) Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1898
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Albany Law Journal, Nide 5

1872
...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 or thing, a condition is implied that the impossibility of performance, arising from the perishing of the person or thing, shall excuse the...

The Central Law Journal, Nide 46

1898
...Blackburn, J., said: "The principle seems to us to be that, in contracts in which performance depends on tbe continued existence of a given person or thing, a condition is implied that the impossibility of performance, arising from the pei-isbing of the person or thing, shall excuse...

A Treatise Upon the Law of Principal and Agent in Contract and Tort

William Evans - 1879 - 720 sivua
...Bench, in Taylor v. Caldwell (5), to the effect 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 excuse the...

A Treatise on the Law of Sale of Personal Property: With References to the ...

Judah Philip Benjamin - 1881 - 980 sivua
...follows : " 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 arising from the periling of the person or thing shall excuse the performance." (d)...

The Law of Master and Servant

Charles Edmund Baker - 1881 - 176 sivua
...performance must be excused. The principle seems 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 arising from the perishing of the person or thing shall excuse the performance of...

The Works of James Abram Garfield, Nide 2

James Abram Garfield - 1882
...this passage from the opinion of 'the court: — " 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 excuse the...

Reports of Cases Decided in the Court of Appeal, Nide 7

Ontario. Court of Appeal, James Stewart Tupper, Richard Scougall Cassels - 1883
...at p. 839: " 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 excuse the...

Supreme Court Reporter, Nide 2

United States. Supreme Court - 1883
...Caldwell, 3 Best & S. 826, it is laid down as a rule 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 excuse the...

United States Reports: Cases Adjudged in the Supreme Court, Nide 108

United States. Supreme Court - 1884
...ife Smith, 826, it is laid down as a rule, 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 excuse the...

The Pacific Reporter, Nide 173

1918
...an undoubtedly sound principle of the law of contracts that, when the performance thereof depends 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 excuses performance, but we must...




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