 | Alfred William Bays - Commercial law - 1923 - 1612 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... | |
 | Law - 1924 - 408 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 reports, digests, etc - 1924 - 1212 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, have no application to the facts of this record. Improvement No. 59, of drainage district No. 7, of... | |
 | Frederic Campbell Woodward - Electronic books - 1925 - 884 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... | |
 | Ernest Wilson Huffcut, Edwin Hamlin Woodruff - Contracts - 1925 - 872 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 - 1925 - 538 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 - 1919 - 492 pages
...authorities and precedents on the law of contract laid down this qualification of the general rule — ''in contracts in which the performance depends on...the person or thing shall excuse the performance." As we shall see, that principle has been developed and extended until in the cases of breach of contract... | |
 | Law - 1898 - 564 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 : "The reason given for the rule is because, from tbe... | |
 | Law reports, digests, etc - 1913 - 1238 pages
...the continued existence of a given person or thing is essential to the performance of the contract, Impossibility of performance arising from the perishing of the person or thing without default will excuse the performance," and such cases are said by Mr. Brantly to be exceptions... | |
 | New York (State) - Law - 1917 - 328 pages
...statement of Blackburn, J., in Taylor v. Caldwell, 3 B. & S. 826, 113 ECL 826, to the following effect: "The principle seems to us to be, that in contracts...the person or thing, shall excuse the performance." So in Kein v. Tupper, (1873) 52 NY 550, it was held that destruction of the subject matter of a contract... | |
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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... 
