 | 1866 - 932 páginas
...case of Taylor v. Caldwell (3). In one part of that judgment it is said, no doubt in general terms, "The principle seems to us to be that in contracts...the person or thing, shall excuse the performance." The Court of Queen's Bench may have properly adopted and applied this principle in the case of the... | |
 | 1869 - 492 páginas
...all and every covenant on his [part :" (See the form, 2 Chitty.) And, in conclusion, he remarked, " The principle seems to us to be that, in contracts...the person or thing shall excuse the performance. In none of these cases is the promise in words other than positive, nor is there any express stipulation... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1899 - 814 páginas
...held discharged. Blackburn, J., said: ' ' The principle seems to us to be that, in contracts in which performance depends on the continued existence of...the person or thing, shall excuse the performance." And it is said in Dexter v. Norton, 47 NY 62 (7 Am. Rep. 415) : , "The reason given for the rule is... | |
 | Illinois. Supreme Court - 1874 - 662 páginas
...upon an elaborate consideration of the subject and review of the authorities, the principle is deduced that, in contracts in which the performance depends...the person or thing shall excuse the performance. Besides, the charter-party in this case contained a provision that the charterers should cause the... | |
 | 1863 - 804 páginas
...shows that the same law had been already adopted by the English law as early as the Book of Assizes. The principle seems to us to be that in contracts,...the person or thing shall excuse the performance. In none of these cases is the promise in COMMON LAW. DIMSDALE f. LONDON, BRIGHTON, AND SOUTH COAST... | |
 | 1863 - 620 páginas
...in contracts in which tho performance depends on the continued existence of a given person "r thing, the impossibility of performance arising from the perishing of the person or thing shall excuse tie performance. In none of these cases is the promise in words other than positive, nor is there any... | |
 | Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - 1864 - 1042 páginas
...The Booh of Assises. The principle seems to us to be that, in contracts in which the performance i depends on the continued existence of a given person...the person or thing shall excuse the performance. In none of these cases is the promise in words other than positive, nor is there any express stipulation... | |
 | Maxwell Alexander Robertson - 1866 - 1190 páginas
...32 Law J. Rep. (xs) QB 164). In one part of that judgment it is said, no doubt in general terms, " The principle seems to us to be that in contracts...the person or thing, shall excuse the performance." The Court of Queen's Bench may have properly adopted and applied this principle in the case of the... | |
 | Great Britain. Court of Common Pleas, Octavian Baxter Cameron Harrison, Henry Rutherfurd - 1868 - 1038 páginas
...Taylor \. Caldwell(a). In one part of that judgment it is said, no doubt in general terms, p. 839 — " The principle seems to us to be that, in contracts...the person or thing shall excuse the performance." The Court of Queen's Bench may have properly adopted and applied the principle in the case of the contract... | |
 | Judah Philip Benjamin - 1868 - 748 páginas
...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." This case was followed in Appleby v. Meyers, in Cam. Scacc. 3 And a party is equally excused from the... | |
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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,... 
