 | Law reports, digests, etc - 1897 - 1236 pages
...us to be that, in contracts in which the performance depends on the continued existence of a certain person or thing, a condition is implied that the impossibility...the person or thing shall excuse the performance; and the reason given for the rule is. because from the nature of the contract It is apparent that the... | |
 | William Albert Keener - Contracts - 1898 - 984 pages
...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 words other than positive, nor is there any express stipulation... | |
 | Law reports, digests, etc - 1898 - 1248 pages
...performance depends upon the continued existence of a given person or thing, a condition Is Implied that tbe Impossibility of performance arising from the perishing...the person or thing shall excuse the performance, because, from the nature of the contract, It Is apparent that the parties contracted on the basis of... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1899 - 1078 pages
...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 because,... | |
 | Canada - 1901 - 1132 pages
...both parties were excused from performance. In the course of his judgment Blackburn, J., observed: — "The principle seems to us to be that, in contracts...the person or thing shall excuse the performance. ... It may, we think, be safely asserted to be now English law, that in all (d) 3 B. * S. 82G. contracts... | |
 | Law - 1901 - 278 pages
...on 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. Following the doctrine as laid down in Taylor and Caldwell, we have the case of Howell vs. Copeland,... | |
 | Canada - 1901 - 1144 pages
...existence of a given person or thing, a condition is implied that the impossibility of icrforniance arising from the perishing of the person or thing shall excuse the performance. ... It may, we think, be safely asserted to be now English law. that in all contracts of loan of chattels... | |
 | Floyd Russell Mechem - Personal property - 1901 - 962 pages
...on 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."4 § 1101. . The same reason will, of course, apply where, though the particular goods... | |
 | Frank Alexander Erwin - Sales - 1909 - 728 pages
...discharged from the contract. Blackburn, J., at the close of his opinion, lays down the rule as follows: "The principle seems to us to be, that in contracts...the person or thing, shall excuse the performance." And the reason given for the rule is, " because from the nature of the contract, it is apparent that... | |
 | Connecticut, John Elliott - Conditional sales - 1909 - 956 pages
...on 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." Taylor v. Caldwell, 3 B. & S. 826. 6. Butterfield v. Byron, 153 Mass. 517-519; Kein v. Tupper, 52 NY... | |
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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... 
