 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...  English Reports Annotated, 1866-1900 - Էջ 1719խմբագրել է - 1866Ամբողջությամբ դիտվող - Այս գրքի մասին
 | Herbert Broom, Herbert Francis Manisty, Charles Francis Cagney - 1884 - 1078 էջ
...contracts al>- son (US), R. 44. aolutely to do a thing, not naturally (A) "The act of God is in some from the perishing of the person or thing shall excuse the performance (t). "Where personal considerations," it has been t said (k), " are of the foundation of the contract,... | |
 | Judah Philip Benjamin - 1884 - 646 էջ
...continued existence of a given pet-son or thing, a condition is implied, that the impossibility arisiny from the perishing of the person or thing shall excuse the performance. H This case was followed in Appleby v. Meyers, in the Exchequer Chamber, (a) And in Robinson ». Davison,... | |
 | 1886 - 948 էջ
...on which it rests, and he sums up the doctrine as follows: "The principle seems to us to be tliat, in contracts in which the performance depends on the...the person or thing, shall excuse the performance. [Page 839.] * * * There is an implied condition from the nature of the contract. [Page 836.]" See,... | |
 | 1916 - 1132 էջ
...Is sustained. Second, that the plaintiff cannot recover upon the special contract because, he says, contracts in which the performance depends on the...the person or thing shall excuse the performance, and cites numerous Instances claimed to fall within the rule. But In order to determine whether the... | |
 | 1921 - 956 էջ
...performance depends on the continued existence of a given person or thing, a condition is implied that tho impossibility of performance arising from the perishing of the person or thing [without the fault of the person against whom the contract is sought to be enforced] shall excuse the... | |
 | John Innes Clark Hare - 1887 - 748 էջ
...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... | |
 | John Innes Clark Hare - 1887 - 728 էջ
...Dexter v. Norton, 47 NY 62. " In contracts where the performance depends on the continued existence of a person or thing, a condition is implied that the impossibility...the person or thing shall excuse the performance." Taylor r. Caldwell, 3 B. & S. 826, 838. 4 See Dowell r. Taylor, 2 Mo. App. 329; Arnold v. Delano, 4... | |
 | 1887 - 918 էջ
...which performance depends upon the continued existence of a certain person or thing, a condition u implied that the impossibility of performance arising...the person or thing shall excuse the performance. ASSOMPSIT against defendants, as administrators of WW Keach. The opinion states the case. Browne, for... | |
 | Colin Blackburn Baron Blackburn - 1887 - 478 էջ
...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 (I). If the party who has a right to avail himself of a condition precedent has waived it, or prevented... | |
 | 1893 - 1254 էջ
...stated by Blackburn, J., in Taylor v. Caldwell, 113 ECL 824: "The principle seems to us to be tliat. in contracts in which the performance depends on the...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... | |
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