 ... that excuse is by law implied, because from the nature of the contract it is apparent that the parties contracted on the basis of the continued existence of the particular person or chattel.  The Pacific Reporter - Page 4371910Full view - About this book
 | 1869 - 492 pages
...performance ; that that excuse is by law implied, because from the nature of the contract it is apparent that the parties contracted on the basis of the continued existence of the particular person or chattel. In the present case, looking at the whole contract, we find that the... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1899 - 814 pages
...415) : , "The reason given for the rule is because, from the nature of the contract, it is apparent that the parties contracted on the basis of the continued existence of the particular person or thing." That there are cases where such an inference is reasonable is obvious,... | |
 | 1863 - 804 pages
...performance, but that excuse is by law implied, because from the nature of the contract it is apparent that the parties contracted on the basis of the continued existence of the particular author, person, or chattel. In the present case, looking at the whole contract, we find... | |
 | 1863 - 620 pages
...performance, but that excuse is by law implied, because, from the nature of the contract, it is apparent that the parties contracted on the basis of the continued existence of the particular person or chattel. In the present case, looking at tho whole contract, v? find that the... | |
 | 1872 - 438 pages
...person or thing, shall excuse the performance, because, from the nature of the contract, it is apparent that the parties contracted on the basis of the continued existence of the particular person or thing. (113 ECLB 824.) Ib. 1. Letters of administration: consideration: pretumpUon... | |
 | 1898 - 562 pages
...411; Baker v. Johnson, 42 N. Y. 126; Buffalo, etc. Railroad Co. v. Railroad Co., Ill NY 132. Second, where from the nature of the contract it is evident...existence of the person or thing to which it relates. Dexter v. Norton, 47 NY 62; Lord v. Wheeler, 1 Gray, 282; Wells v. Calnan, 107 Mass. 514; Powell v.... | |
 | India, Charles Colin Macrae - 1874 - 274 pages
...continued existence of a given person or thing, because from the nature of the contract it is apparent that the parties contracted on the basis of the continued existence of the particular person or chattel. So that, where A had agreed to take, and B had agreed to let a theatre... | |
 | 1881 - 638 pages
...performance ; but that excuse is by law implied, because from the nature of the contract it is apparent that the parties contracted on the basis of the continued existence of the particular person or chattel." Mr. Anson. in his recent work on Contracts, (p. 315). has divided the... | |
 | Frederick Pollock - 1876 - 692 pages
...in words positive, the exception is allowed " because from the nature of the contract it is apparent that the parties contracted on the basis of the continued existence of the particular person or chattel." The same principle was followed in ApiileJuj v. Meyers («). Appleby... | |
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