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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 shall... "
The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ... - Page 296
1866
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Reports of Cases Argued and Determined in the Supreme Court And ..., Volume 89

New Jersey. Supreme Court - Law reports, digests, etc - 1917
...the contractor. Taylor v. Caldwell, 3 'B. & 8. 886, 834. In that case, Mr. Justice Blackburn said : "The principle seems to us to be that, in contracts...the person or thing shall excuse the performance." Taylor v. Caldwell is the leading case. It has been approved by our Court of Errors and Appeals in...
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The Law Times, Volume 46

Law - 1869
...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...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 115

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 - Law reports, digests, etc - 1899
...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...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 61

Illinois. Supreme Court - Law reports, digests, etc - 1874
...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...
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The Weekly Reporter

Law reports, digests, etc - 1863
...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...
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The New Reports, Containing Cases Decided in the Courts ..., Issue 40, Volume 2

1863
...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...
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Reports of Cases Argued and Determined in the Court of Queen's Bench: And ...

Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - Law reports, digests, etc - 1864
...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...
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English Reports Annotated, 1866-1900, Volume 2, Part 1

Maxwell Alexander Robertson - Law reports, digests, etc - 1866
...Queen's Bench, in the case of Taylor v. Caldwell (5 Best & S. 826; sc 32 Law J. Rep. (xs) QB 164). In one part of that judgment it is said, no doubt...contract is of a different kind, and appears to us to full within the qualification of the principle found in the early part of the same judgment, where...
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Reports of Cases Argued and Determined in the Court of Common ..., Volume 50

Great Britain. Court of Common Pleas, Octavian Baxter Cameron Harrison, Henry Rutherfurd - Law reports, digests, etc - 1868 - 928 pages
...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...Queen's Bench may have properly adopted and applied the principle in the case of the contract before them, but we think it cannot be correctly applied...
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A Treatise on the Law of Sale of Personal Property: With References to the ...

Judah Philip Benjamin - Sales - 1868 - 715 pages
...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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