 | Judah Philip Benjamin - Sales - 1888 - 1034 pages
...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." This case was followed in Appleby v. Meyers, in the Exchequer Chamber.8 And in Robinson v. Davison,3... | |
 | Sales - 1892 - 312 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.' The civil law, which implies such an exception in all cases of obligation de certo corpore (eg D. 46, 3.... | |
 | Law reports, digests, etc - 1893 - 1246 pages
...of this contract is not obscure. It is stated by Blackburn, J., in Taylor v. Caldwell, 113 ECL 824: "The principle seems to us to be that, In contracts...the person or thing, shall excuse the performance." This rule has been adopted by our court of appeals, (Dexter v. Norton, 47 NY 62,) and cited with approval... | |
 | William Sullivan Pattee - Contracts - 1893 - 554 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... | |
 | Missouri. Courts of Appeals - Law reports, digests, etc - 1893 - 772 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...the perishing of the person or thing shall excuse performance. The implication arises in spite of the unqualified character of the promissory words,... | |
 | Jabez Gridley Sutherland - Contracts - 1893 - 860 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 This principle was applied where there was a contract to sell potatoes to be grown on defendant's... | |
 | Ernest Wilson Huffcut, Edwin Hamlin Woodruff - Contracts - 1894 - 762 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... | |
 | Eugene Wambaugh - Contracts - 1894 - 576 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...person or thing shall excuse the performance. The implication arises in spite of the unqualified character of the promissory words, because, from the... | |
 | Richard Brown - Sales - 1895 - 448 pages
...on Taylor v. Caldwdl* (1863), where an important general principle was laid down in these words : " In contracts in which the performance depends on the...the person or thing shall excuse the performance." 5 The Price. 8.—(1.) The price (a) in a contract of sale (6 ) may be Sect . 8. fixed by the 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... 
