 ... 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 Law of Contracts - Pàgina 650per John Innes Clark Hare - 1887 - 679 pàginesVisualització completa - Sobre aquest llibre
 | New Jersey. Supreme Court - 1917 - 840 pàgines
...Blackburn said : "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 shall excuse the... | |
 | 1866 - 932 pàgines
...general terms, "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, shall excuse the... | |
 | 1869 - 492 pàgines
...excuse the performance ; that 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. In the present case, looking at the whole contract, we find that... | |
 | 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 pàgines
...62 (7 Am. Rep. 415) : , "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." That there are cases where such an inference is reasonable is obvious,... | |
 | Illinois. Supreme Court - 1874 - 662 pàgines
...of the authorities, the principle is deduced 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 shall excuse the... | |
 | 1863 - 804 pàgines
...excuse the performance, but 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 author, person, or chattel. In the present case, looking at the whole contract, we find... | |
 | 1863 - 620 pàgines
...excuse the performance, but 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. In the present case, looking at tho whole contract, v? find that... | |
 | Maxwell Alexander Robertson - 1866 - 1190 pàgines
...general terms, " 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, shall excuse the... | |
 | Judah Philip Benjamin - 1868 - 748 pàgines
...as follows : " 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 arising from the perishing of the person or thing shall excuse the performance."... | |
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