 | 1851 - 844 pages
...if a house be destroyed by tempest or enemies, the lessee is excused. But when the party by his own contract, creates a duty or charge upon himself, he...notwithstanding any accident by inevitable necessity, because he ought to have provided against it by his own contract.'' Walton v. Waterhouse, (2 Saund. 421.) Now... | |
 | Joseph Kinnicut Angell - 1851 - 836 pages
...default in him, and has no remedy over, then the law will excuse him ; but when the party, by his own contract, creates a duty or charge upon himself, he...bound to make it good, notwithstanding any accident or delay, by inevitable necessity, because he might have provided against it by his contract.3 1 Abbott... | |
 | Ireland. High Court of Chancery - 1852 - 780 pages
...tempest or enemies the v " lessee is excused." " But when the party, by his own contract, M,CANN. " creates a duty or charge upon himself, he is bound...he " might have provided against it by his contract :" Paradine v. Jane (a); 2 Wms. Saund., p. 421, a. " For when the law creates " a duty, and the party... | |
 | Henry Flanders - 1853 - 584 pages
...express covenants. The latter are taken more strictly. And for the reason that when a party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, and is not excused, although prevented by inevitable necessity, because it is said he might have provided... | |
 | Conway Robinson - 1855 - 884 pages
...if he is disabled from performing it without any fault of his own. Yet when by his own contract he creates a duty or charge upon himself, he is bound...he might have provided against it by his contract. 6 TR 750 ; Walton v. Waterhouse, 2 Saund. 422 a, note ; 16 Mass. 240. A lessee covenants that he will... | |
 | 1855 - 800 pages
...default in himself, and has no remedy, even, then the law will excuse him; but when the party, by his own contract, creates a duty or charge upon himself, he...bound to make it good, notwithstanding any accident or delay by inevitable necessity, because he might have provided against it by contract. Paradine rs.... | |
 | Great Britain. Parliament. House of Lords - 1855 - 852 pages
...a house be destroyed by tempest or by enemies, 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... | |
 | United States. Congress. Senate - 1856 - 594 pages
...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,...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,... | |
 | United States. Court of Claims - 1856 - 656 pages
...default in him, and hath no remedy over, there the 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 might have provided against... | |
 | Georgia. Supreme Court - 1856 - 736 pages
...•ifa'house'be -destroyed by tempest or by enemies, the Jessee is excused. IJut where 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... | |
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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. 
