 | New Jersey. Supreme Court - 1917 - 840 pages
...APPELLANT. Submitted December 2, 1915 — Decided June 6, 1916. 1. When the performance of a contract depends on the continued existence of a given person or thing, a condition is implied that impossibility of performance arising from the perishing of the person or thing shall excuse the performance.... | |
 | 1863 - 620 pages
...in contracts in which tho performance depends on the continued existence of a given person "r thing, the impossibility of performance arising from the perishing of the person or thing shall excuse tie performance. In none of these cases is the promise in words other than positive, nor is there any... | |
 | 1863 - 804 pages
...— Liabilities of the parties in case of performance becoming 'inipossible. In contracts in irJticJi the performance depends on the continued existence of a given person- or thiny, a condition is implied that tlie impossibility nf performance arisi/ty from the perishing of... | |
 | Judah Philip Benjamin - 1868 - 748 pages
...After some further illustrations, the rule was laid down as follows : " The principle seems to us to be that in contracts in which the performance depends...thing, a condition is implied, that the impossibility arising from the perishing of the person or thing shall excuse the performance." This case was followed... | |
 | 1898 - 562 pages
...Blackburn, J., said: "The principle seems to us to be that, in contracts in which performance depends on tbe continued existence of a given person or thing, a...the impossibility of performance, arising from the pei-isbing of the person or thing, shall excuse the performance." And it is said in Dexter v. Norton,... | |
 | India, Charles Colin Macrae - 1874 - 274 pages
...impossible from the perishing of the thing without the default of the contractor." Such condition is implied in contracts in which the performance depends on the 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... | |
 | Herbert Broom - 1874 - 880 pages
...contract." Judgin. , Baily v. De Crespigny, LR 4 QB 185; citing per Muule, performance of a contract depends on the continued existence of a given person or thing, a condition may be implied that the impossibility arising from the perishing of the person or thing shall excuse... | |
 | Josiah William Smith - 1880 - 800 pages
...non-performance is excused : First, where the per- formaix*. formance depends on the continued existence of a person or thing, a condition is implied that the impossibility...arising from the perishing of the person or thing •without the fault of the contractor, shall excuse the performance. (Taylor v. Coldwell, 3 Best &... | |
 | 1907 - 2136 pages
...Smith, 826, says : " 'In contracts in which the performance depends on the continued exist' •<•• of a given person or thing, a condition is implied that the impossibility of •rfi> nuance arising from the perishing of the person or thing shall excuse tie performance.' " And,... | |
 | Charles Edmund Baker - 1881 - 200 pages
...paint a picture, who is struck blind — the performance must be excused. The principle seems to be that, in contracts in which the performance depends...thing, a condition is implied that the impossibility arising from the perishing of the person or thing shall excuse the performance of the contract. In... | |
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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... 
