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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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The Central Law Journal, Nide 89

1919
...down this qualification of the general rule — ''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 Northeastern Reporter, Nide 22

1890
...work on Contracts, at page 1076, says: "But in contracts from the nature of which it is apparent that the parties contracted on the basis of the continued...thing, a condition is implied that, if the performance become impossible from the perishing of the person or thing, that shall excuse such performance." In...

Reports of Cases Decided in the Supreme Court of the State of Indiana, Nide 162

Indiana. Supreme Court, Charles Frederick Remy, George Washington Self, Philip Zoercher, William H. Adams, Mrs. Edward Franklin White, Emma Mary May - 1904
...Prin. of Cont., 363. Chitty says: ''But in contracts from the nature of which it is apparent, that the parties contracted on the basis of the continued...thing, a condition is implied, that if the performance become impossible from the perishing of the person or thing, that shall excuse such performance." Chitty,...

The Insurance Law Journal, Nide 17;Nide 37

1908
...vs. Caldwell (3 Best & Smith, 826), says : — " '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...

McKinney's Consolidated Laws of New York Annotated: With ..., Kirja 40

New York (State) - 1917
...work on Contracts, at page 1076, says: 'But in contracts from the nature of which it ia apparent that the parties contracted' on the basis of the continued...existence of a given person or thing, a condition ;s implied that if the performance become impossible from the perishing of the person or thing, that...

Decisions of the Comptroller General of the United States, Nide 20

United States. General Accounting Office - 1941
...exception to the absolute obligation of a contract that, in contracts where the performance depends on the continued existence of a given person or thing, a condition is implied, that the impossibility of performance arising, without the fault of the contractor, from the perishing of...

Reports of Cases Heard and Determined in the Appellate Division of ..., Nide 9

New York (State). Supreme Court. Appellate Division - 1896
...and adds: " The principle seems to us to be that in contracts in which the performance llepends 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 at Law and in Chancery Argued and Determined in ..., Nide 70

Illinois. Supreme Court - 1876
...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. 7i)...

Reports of Cases at Law and in Chancery Argued and Determined in ..., Nide 237

Illinois. Supreme Court - 1909
...error: In contracts from the nature of which it is apparent that the parties contracted on the basis of continued existence of a given person or thing, a condition is implied that if the performance becomes impossible from the perishing of the person or thing, that shall excuse such performance. 2...

Reports of Cases Determined in the Courts of Appeal of the State of ..., Nide 36

1919
...EXISTENCE OF SUBJECT MATTER — IMPLIED CONDITION. — When the performance of a contract 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. (AB Field...




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