 ... 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 Pacific Reporter - Page 661918Full view - About this book
 | Law - 1869 - 492 pages
...destruction of the person or thing shall excuse the performance ; that that excuse is by law implied, because from the nature of the contract it is apparent...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 the... | |
 | 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 - 814 pages
...And it is said in Dexter v. Norton, 47 NY 62 (7 Am. Rep. 415) : , "The reason given for the rule is because, from the nature of the contract, it is apparent...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,... | |
 | 1863 - 620 pages
....iestruction of the person or thing shall excuse the performance, but that excuse is by law implied, because, from the nature of the contract, it is apparent...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 the... | |
 | Law reports, digests, etc - 1863 - 804 pages
...destruction of the person or thing shall excuse the performance, but that excuse is by law implied, because from the nature of the contract it is apparent...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... | |
 | Law - 1872 - 438 pages
...is implied that the impossibility of performance, arising from the perishing of the person or thing, shall excuse the performance, because, from the nature...contracted on the basis of the continued existence of the particular person or thing. (113 ECLB 824.) Ib. 1. Letters of administration: consideration: pretumpUon... | |
 | India, Charles Colin Macrae - Contracts - 1874 - 274 pages
...in contracts in which the performance depends on the continued existence of a given person or thing, because from the nature of the contract it is apparent...contracted on the basis of the continued existence of the particular person or chattel. So that, where A had agreed to take, and B had agreed to let a theatre... | |
 | Law - 1881 - 638 pages
...the destruction of the thing or person shall excuse performance ; but that excuse is by law implied, because from the nature of the contract it is apparent...contracted on the basis of the continued existence of the particular person or chattel." Mr. Anson. in his recent work on Contracts, (p. 315). has divided the... | |
 | Law - 1898 - 562 pages
...Railroad Co. v. Railroad Co., Ill NY 132. Second, where from the nature of the contract it is evident that the parties contracted on the basis of the continued existence of the person or thing to which it relates. Dexter v. Norton, 47 NY 62; Lord v. Wheeler, 1 Gray, 282; Wells... | |
 | Frederick Pollock - Contracts - 1876 - 694 pages
...bailments, lu all these cases, though the promise is in words positive, the exception is allowed " because from the nature of the contract it is apparent...contracted on the basis of the continued existence of the particular person or chattel." The same principle was followed in ApiJeby v. Meyers (a). There the... | |
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