 | John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1859 - 518 pages
...repair. The sum mentioned in this rule is the amount deducted by the VOL. III. N. 6.—9 J dent or inevitable necessity, because he might have provided against it by his contract."] The true answer to this rule, however, is, that the court has no jurisdiction in the matter. The parties,... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1867 - 664 pages
...law will excuse him ; 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...he might have provided against it by his contract" In a case where a lessee binds himself, by express covenant, to pay the rent during the term, and there... | |
 | Great Britain. Court of King's Bench, Thomas Flower Ellis, Colin Blackburn Baron Blackburn, Francis Ellis - Law reports, digests, etc - 1860 - 1150 pages
...upon the subject is, that, when a person by his own contract creates a duty or charge upon himself, he is bound to make it good if he may, notwithstanding...necessity, because he might have provided against it by his conduct; Paradine v. Jane (a), cited and acted upon in Hadley v. Clarke (6) and Atkinson v. Ritchie... | |
 | Great Britain. Court of King's Bench, Thomas Flower Ellis, Colin Blackburn Baron Blackburn, Francis Ellis - Law reports, digests, etc - 1860 - 1150 pages
...upon the subject is, that, when a person by his own contract creates a duty or charge upon himself, he is bound to make it good if he may, notwithstanding...necessity, because he might have provided against it by his conduct ; Parading v. Jane (a), cited and acted upon in Hadley v. Clarke (b) and Athinson v. Ritchie... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1872 - 640 pages
...law will excuse him ; but when the party by his o\vn contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding...he might have provided against it by his contract. 7 Term Rep. 267. In the case of Hndley v. Clarke, 7 Term, 259, the contract was to carry the goods,... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1874 - 662 pages
...in 3 Bos. & Pul. 420 : " Where a party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any acci^J dent by inevitable necessity, because he might have provided ^C""^ against it by his own contract."... | |
 | David Maclachlan - Maritime law - 1860 - 1046 pages
...law will excuse him ; but where a party, by his own contract, creates a duty or charge upon himself, he is bound to make it good if he may, notwithstanding...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... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1864 - 482 pages
...law will excuse him; 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...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,... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1864 - 484 pages
...law will excuse him; 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...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. Courts - Law reports, digests, etc - 1864 - 820 pages
...Rep. 27, applies, viz. "That where a party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding...he might have provided against it by his contract." We think, therefore, the rule for a new trial must be refused. Rule refused. SMITH v. WALTON and Another.... | |
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... 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. 
