 | Alexander Haring - Engineering law - 1910 - 542 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... | |
 | Law reports, digests, etc - 1910 - 1180 pages
...authorities, upon the proposition that in such cases a condition is implied that the impossibility arising from the perishing of the person or thing shall excuse the performance. Where, as was the case in Wilmington, etc., Co. v. O'Neil, 98 Cal. 1, 32 Рас. 703, cited by counsel,... | |
 | George Louis Reinhard - Agency (Law) - 1911 - 852 pages
...common law, is that in contracts in which performance depends upon the continued existence of a certain person or thing, a condition is implied that the impossibility...person or thing shall excuse the performance. The implication arises in spite of the unqualified character of the promissory words, because, from the... | |
 | Henry Campbell Black - Contracts - 1916 - 994 pages
...depends on the continued existence of a given person or thing, there is an implied condition that an impossibility of performance arising from the perishing...the person or thing shall excuse the performance, and hence the destruction or loss of the property which is the subject-matter of the contract, or the... | |
 | James Calvin Reed - Commercial law - 1917 - 652 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... | |
 | William Mark McKinney, Burdett Alberto Rich - Law - 1917 - 1360 pages
...performance of which depends upon the continued existence of a certain person or thing. In this case a condition is implied that the impossibility of performance...person or thing shall excuse the performance. The implication arises in spite of the unqualified character of the promissory words, because, from the... | |
 | Frederick Pollock - Law - 1919 - 382 pages
...Obligations, and concludes a review of the English authorities by extracting the following principle : 'In contracts in which the performance depends on...the person or thing shall excuse the performance.' Thus the first serious breach was made after 200 years in the defences of Paradine v. Jane? Four years... | |
 | Law - 1919 - 176 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. In none of the- cases is the promise in words other than positive, nor is there any express stipulation... | |
 | Law - 1920 - 904 pages
...of the parties. In contracts in which performance depends upon the continued existence of a certain person or thing, a condition is implied that the impossibility...person or thing shall excuse the performance. The implication arises in spite of the unqualified character of the promissory words, because, from the... | |
 | Frederick Pollock - Contracts - 1921 - 896 pages
...to be implied by law. It is put more shortly near the end of the judgment: " In contracts in [? of] which- the performance depends on the continued existence...the person or thing: shall excuse the. performance." In Appleby v. Myers (/) the plaintiffs agreed with the defendant to erect an engine und other machinery... | |
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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... 
