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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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Benjamin's Treatise on the Law of Sale of Personal Property: With ..., Nide 2

Judah Philip Benjamin - 1888 - 1010 sivua
...as 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 perishing of the person or thing shall excuse the performance."...

Arkansas Reports: Cases Determined in the Supreme Court of the State of ...

Arkansas. Supreme Court - 1920
...exceptions to this general rule, and one of them is that where from the contract it is apparent that the parties contracted on the basis of the continued existence of a given thing, a condition is implied that, if the performance became impossible from the perishing of the...

Lawyers' Reports Annotated, Kirja 14

1892
...possibility •of the particular contingency, rtuily v. DeCreepigny. LR 4 Q. II. 180. If it is apparent that parties contracted on the basis of the continued existence...given person or thing, a condition is Implied that If performance becomes impossible from the perishing of the person or thing, the performance shall be...

The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1

James Mackintosh - 1892 - 272 sivua
...accidental fire ; and the rule was laid down 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.'...

Illustrative Cases in Contracts

William Sullivan Pattee - 1893 - 532 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 of performance, arising from the perishing of the person or thing, shall excuse the...

A Treatise of the Law of Damages: Embracing an Elemantary Exposition ..., Nide 2

Jabez Gridley Sutherland - 1893
...court, said : " 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 perishing of the person or thing shall excuse the performance."...

American Cases on Contract: Arranged in Accordance with the Analysis of ...

Ernest Wilson Huffcut, Edwin Hamlin Woodruff - 1894 - 718 sivua
...as 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 of performance, arising from the perishing of the person or thing, shall excuse the...

Notes and Commentaries on the Sale of Goods Act 1893 (56 & 57 Vict. Ch. 71 ...

Richard Brown - 1895 - 399 sivua
...general principle was laid down in these words : " 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 Contracts

Joseph Chitty - 1896 - 806 sivua
...apparent, that Perishing of the parties contracted on the basis of the continued existence of Q? contract a given person or thing, a condition is implied, that if the performance become impossible, from the perishing of the person or thing, without any default on the part of him...

Engineering and Architectural Jurisprudence: A Presentation of the Law of ...

John Cassan Wait - 1897 - 905 sivua
...notwithstanding it was beyond his power to perform it; but where, from the nature of the contract, it is apparent the parties contracted on the basis...thing, a condition is implied that if the performance becomes impossible from the perishing of the person or thing, that shall excuse the performance. Therefore...




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