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" If the part to be performed by one party consists of several distinct and separate items, and the price to be paid by the other is apportioned to each Item to be performed, or is left to be implied by law, such a contract will generally be held to be... "
Weekly Notes of Cases Argued and Determined in the Supreme Court of ... - Página 317
1877
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 101

Alabama. Supreme Court - 1895 - 894 páginas
...(6.) If the part of a contract to be performed by one party consists of several distinct and separate items, and the price to be paid by the other is apportioned to each item to be performed, or is left to be implied by law, such a contract wiD generally be held to be severable....
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The Law of Contracts, Volume 2

Theophilus Parsons - 1866 - 830 páginas
...of the contract. If the part to be performed by one party consists of several distinct and separate items, and the price to be paid by the other is apportioned to each item to be performed, or is left to be implied by law, such a contract will generally be held to be eeverable....
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 56

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 - 1878 - 674 páginas
...contracts thus : " If the part to be performed by one party consists of several distinct and separate items, and the price to be paid by the other is apportioned to each item to be performed, or is left to be implied by law, such a contract will generally be held to be severable....
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 73

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1879 - 750 páginas
...facts in the case. If the part to be performed by one party consists of several distinct and separate items, and the price to be paid by the other is apportioned to each item to be performed, such a contract will be generally held to l>c severable. Thus where one had bought and...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 5-6

1881 - 1980 páginas
...contract was severable. The rule is that if the part to be performed by one party consists of several and distinct items, and the price to be paid by the other is apportioned to each item, the contract is severable. 2 Parsons on Contracts, 29-31; Lucesco Oil Co. v. Brewer, 66 Pa. St. 351;...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 8

Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1880 - 582 páginas
...of the contract. If the part to be performed by one party consists of several distinct and separate items, and the price to be paid by the other is apportioned to each item to be performed, or is left to be implied by law, such a contract will generally be held to be severable....
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Cases Argued and Adjudged in the Supreme Court of Florida, Volume 18

Florida. Supreme Court - 1882 - 1160 páginas
...29, 30,) says: "If the part to be performed by one party consists of several distinct and separate items, and the price to be paid by the other is apportioned to each item to be performed, or is left to be implied by law, such a contract will generally be held to be severable."...
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Reports of Cases Decided in the Circuit and District Courts of the ..., Volume 6

Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - 1882 - 718 páginas
...of the contract. If the part to be performed by one party consists of several distinct and separate items, and the price to be paid by the other is apportioned to each item to be performed or is left to be implied by law, such a contract will generally be held to be severable....
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The Pacific Reporter, Volume 34

1894 - 1170 páginas
...351, from Parsons on Contracts, that if the part to be performed by one party consists of several and distinct items, and the price to be paid by the other is apportioned to each item to be performed, or is left to be implied by law, such contract will generally be held to be severable,...
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Pittsburgh Legal Journal, Volume 32

1885 - 524 páginas
...the breach. Whether the contract was severahle or entire depends on the intention of the parties. If the part to be performed by one party consists of...be paid by the other is apportioned to each item, or is left to be implied by law, generally, the contract is held to be severable. So, where the price...
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