 | Judah Philip Benjamin - 1884 - 646 sivua
...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." Shaw, CJ, in Mill ¿am Foundry t>. Hovey, 21 Pick. 417, 441. 5. The condition of payment on delivery... | |
 | Richard Hallilay - 1884 - 678 sivua
...party by fiis own contract creates a duty or charge upon himself he is bound to make good his contract, notwithstanding any accident by inevitable necessity, because he might have provided against it in his contract. Hence, where a lessee covenants generally to pay rent he is bound to pay it, though... | |
 | Edward Norman Lewis - 1885 - 568 sivua
...by his own contract creates a duty or charge upon himself, he is bound to perform or make it good, notwithstanding any accident by inevitable necessity,...he might have provided against it by his contract. As recited by Lord Kenyon from Co. Litt. 209 a : "If a man undertakes what he cannot perform, he shall... | |
 | 1885 - 906 sivua
...or inevitable necessity.— 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 any accident or inevitable necessity, because he might have provided against it by the contract. West r. Steamer... | |
 | 1918 - 866 sivua
...law as a sound осе ; 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...inevitable necessity ; because he might have provided a gain P t, it by his contract ' : (Atkinson v. Ritchie, 10 East, 630, at p. 533; see aleo Sptnce v.... | |
 | 1920 - 842 sivua
...lessee ia excused . . . But when the parly, by his owu 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 mignt have provided against it by bis contract." So that, according to that case, it is no excuse if... | |
 | 1847 - 1204 sivua
...a sound one ; i. e, that 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...he might have provided against it by his contract." It appears to me that this case falls directly within the rule, and that this is a prevention by inevitable... | |
 | 1838 - 1144 sivua
...law will excuse him. But 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...he might have provided against it by his contract." As to the assertion, that if the defendant opened the house under a licence, which turned out to be... | |
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1916 - 992 sivua
...own contract creates a duty or charge upon himself, he is bound to make it good, notwithstanding an accident by inevitable necessity, because he might have provided against it by his contract.' " In Gravel Switch, etc., Tel. Co. v. Lebanon, etc., Tel. Co., 139 Ivy., 157, there was involved a... | |
 | Illinois. Supreme Court - 1898 - 728 sivua
...27, as follows (p. 346): "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 his own contract." And as stated by Schouler in his work on Bailments (sec. 106): "Whatever lawful terms... | |
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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. 
