 | Great Britain. Parliament. House of Lords - 1855 - 852 էջ
...the lessee is excused. 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 any accident CLARK by inevitable necessity, because he might have provided A°S!|?.^NCE against it by his contract... | |
 | United States. Court of Claims - 1856 - 656 էջ
...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 that case, which was an action of debt for rent, the defendant pleaded that a certain German prince,... | |
 | Charles Abbott (Baron Tenterden) - 1856 - 996 էջ
...(o) 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...necessity, because he might have provided against it by the contract' " This judgment is in conformity with the opinion delivered by Lord Stowell, in the case... | |
 | United States. Congress. Senate - 1856 - 594 էջ
...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 any accident...he might have provided against it by his contract. In that case, which was an action of debt for rent, the defendant pleaded that a certain (Jerman prince,... | |
 | William Woodfall, Samuel Bealey Harrison, Henry Horn - 1856 - 1138 էջ
...by his own contract, creates a duty or charge upon himself, he is bound to make good his contract, notwithstanding any accident by inevitable necessity,...he might have provided against it by his contract. Formerly the Court of Chancery would have relieved the lessee, and would have granted an injunction... | |
 | Joseph Story - 1856 - 728 էջ
...lessee is excused. 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 any accident by inevitable necessity ; i Dig. Lib. 4, tit. 9, 1. 5, § 1 ; Pothier, Pand. Lib. 4, tit. 9, n. 8 ; Post, § 37. u .Jones on... | |
 | Georgia. Supreme Court - 1856 - 736 էջ
...tjie.party, by his Q wn contract, creates a duty or charge upon himself, he is bound to make it gopd", if he may, notwithstanding any accident by inevitable necessity, because he might have provided aga"mst it by COB. tcact. And therefore, if a lessee covenant , to repair a' house, though it be burnt... | |
 | Great Britain. Court of Common Pleas - 1857 - 572 էջ
...a sound one, ie that, " 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." And this has been recognised in several cases, as, in Bullock v. Dommitt, and The Company of Proprietors... | |
 | Alexander Ralston Tiffany - 1859 - 656 էջ
...by his own contract, creates a duty or charge upon himself, he is bound to make it good, if he can, notwithstanding any accident by inevitable necessity;...he might have provided against it by his contract. And, therefore, if a lessee covenant to repair a house, though it be destroyed by lightning, yet he... | |
 | Theophilus Parsons - 1859 - 846 էջ
...26, applies, namely, ' That when a party by his own contract ereates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any aceident by inevitable necessity, because he might have provided against it by his contract.' " Sce... | |
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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. 
