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" It is not sufficient that he may sustain no injury by a change in the contract, or that it may even be for his benefit. He has a right to stand upon the very terms of his contract... "
Michigan Reports: Cases Decided in the Supreme Court of Michigan - Page 668
by 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 - 1898
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A General Abridgment and Digest of American Law: With Occasional ..., Volume 9

Nathan Dane - Law - 1829 - 956 pages
...the alteration, were received in the eight townships, and not accounted for by him. As to the surety, 'it is not sufficient, that he may sustain no injury by a change in the contracts, or that it may be even for his benefit. He has a right to stand upon the very terms of his...
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A Practical Abridgment of American Common Law Cases Argued and ..., Volume 7

Jacob D. Wheeler - Common law - 1836 - 644 pages
...°™£eise ™een cumstances, pointed out in his obligation, he is bound, and no ded beyond further.* It is not sufficient that he may sustain no injury by a change in the Contract, or that it may be es-en for his benefit. i«i»«He has a right to stand upon the very terms of his contract; and...
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A Treatise on the Law Relating to the Powers and Duties of Justices of the ...

Joseph Rockwell Swan - Constables - 1837 - 614 pages
...Ohio Rcji. 274. § 5, 6.] • orARANTir. 325 changing the contract or its mode of performance (a). It is not sufficient that he may sustain no injury...his benefit. He has a right to stand upon the very words of the contract; and if he does not assent to any variation of it, and a variation be made, it...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 6

Louisiana. Supreme Court, Merritt M. Robinson - Law reports, digests, etc - 1845 - 676 pages
...Code, arts. 1523-1525. It is no answer that the arrangement may have been beneficial to the surety. He has a right to stand upon the very terms of his contract. 9 Wheaton, 680. 5 Peters' Condens. Rep. 728. Lobdell v. Niphler, 4 La. 294. 7 Mart. NS 13. Millaudon...
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An Introduction to Equity Jurisprudence: On the Basis of Story's ...

James Philemon Holcombe - Equity - 1846 - 376 pages
...against the consequences of risk, delay, and expense. 4 John., Chy. Rep. 129; 1 McLean, 180. 3. A surety has a right to stand upon the very terms of his contract, and any variation in it, made without his assent, is fatal. And it will make no difference, even if the...
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A Practical Treatise on the Law of Contracts Not Under Seal: And Upon the ...

Joseph Chitty - Contracts - 1855 - 1120 pages
...Miller v. Stewart, !) Wheaton, 680, .Mr. Justice Story said that it matters n.it, " that the surety may sustain no injury by a change in the contract, or that it may even be for his benefit. lie has a right to stand upon the very terms of his contract ; and if he does not assent to any variation...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 17

Georgia. Supreme Court - Equity - 1856 - 736 pages
...it material or immaterial. No power of man can alter his engagement, and his liability be retained. He has a right to stand upon the very terms of his contract ;, and without his consent, any variation of it is fatal. The law will not allow others to speculate as to...
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A Treatise on the Law of Contracts, Volume 2

William Wetmore Story - Contracts - 1856 - 848 pages
...his consent. Nor does it matter, that such an alteration be for the benefit of the guarantor; because he has a right to stand upon the very terms of his agreement. 2 So, also, inasmuch as the contract of the guarantor and surety is dependent upon that...
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Hunt's Merchants' Magazine and Commercial Review, Volume 38

Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - Commerce - 1858 - 812 pages
...the manner, and under the circumstances, pointed out in his obligation, he is bound, and no further. It is not sufficient that he may sustain no injury by a change in the contract, or that it may be even for his benefit. He has a right to stand upon the very terms of his contract ; and if he does...
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The Merchants' Magazine and Commercial Review, Volume 38

Commerce - 1858 - 784 pages
...the manner, and under the circumstances, pointed out in his obligation, lie is bound, and no further. It is not sufficient that he may sustain no injury by a change in the contract, or that it may be even for his benefit. He has a right to stand upon the very terms of his contract; and if he does...
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