 ... that excuse is by law implied, because from the nature of the contract it is apparent that the parties contracted on the basis of the continued existence of the particular person or chattel.  The Weekly Reporter - Sivu 7231863Koko teos - Tietoja tästä kirjasta
 | Isaac Edwards - 1878 - 738 sivua
...after it has been destroyed or rendered unfit for use. From the nature of the contract, it is apparent that the parties contracted on the basis of the continued existence of the property.' § 37G. Tho use or service of personal property is sometimes hired •where there is no... | |
 | Charles Edmund Baker - 1881 - 200 sivua
...contract ; but the law implies the excuse, because, from the nature of the contract, it is apparent that the parties contracted on the basis of the continued existence of the particular person or thing. Therefore, it is imagined if a master give a man a large sum of money to... | |
 | Frederick Pollock - 1881 - 848 sivua
...in words positive, the exception is allowed " because from the nature of the contract it is apparent that the parties contracted on the basis of the continued existence of the particular person or chattel" Appleby r. The same principle was followed in Appleby v. Meyers(a-).... | |
 | United States. Supreme Court - 1883 - 1004 sivua
...performance," "that excuse is by law implied, because from the nature of the contract it is apparent that the parties contracted on the basis of the continued existence of the particular person or chattel." The rule was there applied to excuse the owner of a music ball which... | |
 | United States. Supreme Court - 1884 - 666 sivua
...performance," " that excuse is by law implied, because, from the nature of the contract, it is apparent that the parties contracted on the basis of the continued existence of the particular person or chattel." The rule was there applied to excuse the owner of a music hall, which... | |
 | United States. Supreme Court - 1884 - 666 sivua
...performance," " that excuse is by law implied, because, from the nature of the contract, it is apparent that the parties contracted on the basis of the continued existence of the particular person or chattel." The rule was there applied to excuse the owner of a music hall, which... | |
 | Frederick Pollock - 1885 - 844 sivua
...in words positive, the exception is allowed " because from the nature of the contract it IB apparent that the parties contracted on the basis of the continued existence of the particular person or chattel." Appleby The same principle was followed in Appkby v. Meyers (ni) . v.... | |
 | John Innes Clark Hare - 1887 - 728 sivua
...performance." And the reason given for the rule is, "because from the nature of the contract, it is apparent that the parties contracted on the basis of the continued existence of the particular person or thing." The rule does not apply conversely, and the loss from causes beyond control... | |
 | John Innes Clark Hare - 1887 - 748 sivua
...for working said mines." The court held that where, from the nature of the covenant, it is apparent that the parties contracted on the basis of the continued existence of a given person or thing, a condition is implied that if the performance becomes impossible from the... | |
 | Arkansas. Supreme Court - 1920 - 676 sivua
...well-known 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... | |
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