 | Charles Greenstreet Addison - 1881 - 820 էջ
...will excuse him"; but " where 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, therefore, if the lessee covenant to repair a house, though it be burnt oy lightning or thrown... | |
 | Charles Greenstreet Addison - 1881 - 800 էջ
...when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, notwithstanding any accident by inevitable necessity,...he might have provided against it by his contract. Another reason was added that, as the lessee is to have the advantage of casual profits, he must run... | |
 | 1882 - 772 էջ
...under those circumstances. " 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...he might have provided against it by his contract, but where the law creates a duty or charge and the party is disabled to perform it without any default... | |
 | John William Wallace - 1882 - 680 էջ
...Eden's Reports. v. Burt, 5 Allen,. 116. » Vol. vii. p. 318. creates a duty or a charge upon himself, he is bound to make it good if he may, notwithstanding...he might have provided against it by his contract," — a great and wise and politic principle of law; and one, but for the steady anchorage of courts... | |
 | 1882 - 862 էջ
...under those circumstances. " 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...he might have provided against it by his contract ; but where the law creates a duty or charge, and the party is disabled to perform it without any default... | |
 | Nathaniel Cleveland Moak - 1882 - 936 էջ
...v. Jaue('), namely, 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...inevitable necessity, because he. might have provided *againsb it by his contract;" [446 and this principle was adopted and applied by the Court of Common... | |
 | Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - 1882 - 902 էջ
...[September, Dist. Or.] YE SENG Co. v. CORBITT. . 377 1881.] Opinion of the Court— Deady, J. 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." In The Harriman, 9 Wall. 172, the supreme court say: "The principle... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1882 - 736 էջ
...when a party by his ,>wn contract creates a duty or charge upon himself, he is bound to make it good, notwithstanding any accident by inevitable necessity,...he might have provided against it by his contract." The rale is stated thus by Hutchinson on Carriers, section 317 : "If the carrier has agreed to carry... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1882 - 764 էջ
...If a party by his own contract creates a duty or charge upon himself, he is bound to make it good, notwithstanding any accident by inevitable necessity, because he might have provided against it by contract. Trustees of Trenton v. Bennett, 3 Dutch., 514; Tompkins v. Cook and others vs. McCabe. Dudley,... | |
 | 1894 - 1170 էջ
...performance. The theory that, 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...he might have provided against it by his contract, had its origin in the dictum of the court in Paradine v. Jane, Aleyn, 2G, and this rule is not infrequently... | |
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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. 
