 | United States. Supreme Court - 1870 - 820 sivua
...the law will excuse him But where a party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding...he might have provided against it by his contract. And, therefore, if the lessee covenant to repair a Argument for the owner of the soil. house, though... | |
 | Massachusetts. Supreme Judicial Court - 1866 - 630 sivua
...when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, notwithstanding any accident by inevitable necessity,...he might have provided against it by his contract. 2 Williams's Saund. 422 a, note 2. The good sense of the rule seems to be this, that in a case where,... | |
 | Charles Abbott (Baron Tenterden) - 1867 - 1178 sivua
...(o) applies, viz. : ' That where a party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding...necessity, because he might have provided against it by the contract.' " This judgment is in conformity with the opinion delivered by Lord Stowell, in the... | |
 | New York (State). Court of Appeals, Joel Tiffany - 1868 - 1050 sivua
...in his opinion, said : " Whenever a party by his own contract creates a duty or charge upon himself he is bound to make it good, if he may, notwithstanding...he might have provided against it by his contract " (citing numerous authorities). Judge Johnson, in the same case, said : " The performance must be... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1868 - 622 sivua
...the plaintiff; that " whenever a party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding...he might have provided against it by his contract." See, also, Chitty on Contracts, 734. In the case before us, the relation of landlord and tenant did... | |
 | Theophilus Parsons - 1869 - 730 sivua
...26, applies, namely, ' That when a party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding...he might have provided against it by his contract.' " See also Naylor v. Taylor, 9 B. & C. 718. i Avery v. Bowden, 5 Ellis & B. 714, 33 Eng. L. & Eq. 183.... | |
 | Nathan Howard (Jr.) - 1869 - 670 sivua
...decisions than this, that where a party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding...he might have provided against it by his contract." In reference to the hardship of mich a rule,the court very justly says: "No matter how harsh and apparently... | |
 | Theophilus Parsons - 1869 - 724 sivua
...26, applies, namely, ' That when a party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might'have provided against it by his contract.' " See also Nay lor v. Taylor, 9 B. & C. 718. i Avery... | |
 | Austin Abbott - 1870 - 570 sivua
...surrender possession of the leasehold premises, and of the land so leased or occupied." Austin v. Field. is bound to make it good, if he may, notwithstanding...he might have provided against it by his contract" (3 Kent Com., 465. It is established in this State that a lease of certain apartments in a building,... | |
 | United States. Supreme Court - 1870 - 868 sivua
...Jane,f the court said : " When the party by his own contract creates a duty or charge upon himself he is bound to make it good if he may, notwithstanding...accident by inevitable necessity, because he might have guarded against it by his contract." Such has always been the rule of the common law. If a lessee covenant... | |
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... when the party by his own contract creates a duty or charge upon himself he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract. 
