 | David Maclachlan - 1860 - 1046 pàgines
...to perform it without any act in him, and hath no remedy over, there the law will excuse him ; but where a party, by his own contract, creates a duty...he might have provided against it by his contract." 6 Therefore, to an action on a charter-party for not loading a cargo of guano at Ichaboe, it is no... | |
 | Great Britain. Courts - 1864 - 820 pàgines
...its non-performance. In that case the rule of law laid down in Paradine v. Jane, Alleyn's Rep. 27, applies, viz. "That where a party by his own contract...rule for a new trial must be refused. Rule refused. SMITH v. WALTON and Another. Jan. 31. Replevin. Defendant avowed that the rent was payable at Martinmas,... | |
 | Massachusetts. Supreme Judicial Court - 1864 - 482 pàgines
...without any default in him, and he hath no remedy over, there the law will excuse him; but when the party, by his own contract, creates a duty or charge...he might have provided against it by his contract." It may be further observed, that, in the case at bar, there was nothing unlawful in the contract itself,... | |
 | Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - 1864 - 1042 pàgines
...it without any default in him, and hath no remedy over, there the law will excuse him ; but when the party, by his own contract, creates a duty or charge...necessity, because he might have provided against it by bis contract. And there accordingly it was held no plea to an action for rent reserved by lease that... | |
 | United States. Supreme Court - 1870 - 820 pàgines
...to perform it without any default in him, and hath no remedy over, there the law will excuse him But where a party by his own contract creates a duty or...he might have provided against it by his contract. And, therefore, if the lessee covenant to repair a Argument for the owner of the soil. house, though... | |
 | Massachusetts. Supreme Judicial Court - 1866 - 630 pàgines
...when 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. 2 Williams's Saund. 422 a, note 2. The good sense of the rule seems to be this, that in a case where,... | |
 | Charles Abbott (Baron Tenterden) - 1867 - 1178 pàgines
...as an excuse for its non-performance. In that case the rule of law laid down in Paradine v. Jane (o) applies, viz. : ' That where a party by his own contract...necessity, because he might have provided against it by the contract.' " This judgment is in conformity with the opinion delivered by Lord Stowell, in the... | |
 | New York (State). Court of Appeals, Joel Tiffany - 1868 - 1050 pàgines
...DA VIES, Ch.J. " No rule of law is more firmly established by a long train of decisions than this, that where a party, by his own contract, creates a...he might have provided against it by his contract." In reference to the hardship of such a rule, the Court very justly says : " No matter how harsh and... | |
 | 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 - 1868 - 622 pàgines
...although it had become impossible, without any default on the part of the plaintiff; that " whenever a party, by his own contract, creates a duty or charge...he might have provided against it by his contract." See, also, Chitty on Contracts, 734. In the case before us, the relation of landlord and tenant did... | |
 | Nathan Howard (Jr.) - 1869 - 670 pàgines
...opinion says : " No rule of law is more firmly established by a long train of decisions than this, that where a party, by his own contract, creates a...he might have provided against it by his contract." In reference to the hardship of mich a rule,the court very justly says: "No matter how harsh and apparently... | |
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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 any accident by inevitable necessity, because he might have provided against it by his contract. 
