 | United States. Supreme Court - 1870 - 868 էջ
...Jane,f the court said : " 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...accident by inevitable necessity, because he might have guarded against it by his contract." Such has always been the rule of the common law. If a lessee covenant... | |
 | 1901 - 542 էջ
...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...he might have provided against it by his contract." To this general rule there is a group of exceptions, one of which is that legal impossibility, arising... | |
 | 1872 - 710 էջ
...But when the party, by his own contract, creates a duty or clmrce upon himself, he is bound to mnke it good, if he may, notwithstanding any accident by...he might have provided against it by his contract. A'nd therefore, it the lessee covenant to repair a house, though it be burnt by "lightning, or thrown... | |
 | 1872 - 384 էջ
...party by his own contract creates a duty or charge upon himself he is bound to make it good if he muy, notwithstanding any accident by inevitable necessity,...he might have provided against it by his contract." That ia adopted in Clifford v. Wallt. 18 W. R 925, L. U. б С. Р. 677, which is the last case bearing... | |
 | Great Britain. Courts - 1872 - 694 էջ
...as 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 any accident hy inevitable necessity ; because he might have provided against it by his contract :" and he refers... | |
 | James Perronet Aspinall, James. A. Petrie - 1873 - 654 էջ
...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...he might have provided against it by his contract." But assuming that this is at present a correct exposition of the law of England (though the last proposition... | |
 | Great Britain. Court of Common Pleas - 1873 - 770 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 any accident by inevitable necessity, because he 1873 might have provided against it by his contract.' So, in this case, JACKSON there was one accident... | |
 | India - 1878 - 710 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, becanse he might have provided against it by his contract. And, therefore, if the lessee covenant to... | |
 | United States. Supreme Court, Samuel Freeman Miller - 1875 - 756 էջ
...the rule, that [ * 503 ] when a 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 was for the libelees to furnish the evidence to discharge themselves for the failure to perform their... | |
 | 1918 - 498 էջ
...27. This principle is 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...he might have provided against it by his contract. Therefore, what is called by us an act of God, as say a house in course of erection is struck by lightning... | |
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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. 
