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" It is not sufficient that he may sustain no injury by a change in the contract, or that it may even be for his benefit. He has a right to stand upon the very terms of his contract; and if he does not assent to any variation of it, and a variation is made,... "
A Treatise Upon Some of the General Principles of the Law: Whether of a ... - Side 231
av William Wait - 1878
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Reports of Cases Argued and Adjudged in the Supreme Court ..., Volum 9;Volum 22

United States. Supreme Court - 1824 - 990 sider
...that he may sustain no injury by a change in the contract, or that it may even be for his benefit. He has a right to stand upon the Very terms of his contract; and if he does not assent to any variation of it> and a variation is made, it 'is fatal. And Courts of...
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A General Abridgment and Digest of American Law: With Occasional ..., Volum 9

Nathan Dane - 1829 - 982 sider
...that he may sustain no injury by a change in the contracts, or that it may be even for his benefit. He has a right to stand upon the very terms of his contract.' See ch. 52, a. 2, s. 4, Johnson v. Todd. Justices dissented, on the ground the bond remained the same,...
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A Practical Abridgment of American Common Law Cases Argued and ..., Volum 7

Jacob D. Wheeler - 1836 - 644 sider
...sustain no injury by a change in the Contract, or that it may be es-en for his benefit. i«i»«He has a right to stand upon the very terms of his contract; and if he does not assent to any variation of it, and a variation is made, it is fatal. And the courts...
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An Introduction to Equity Jurisprudence: On the Basis of Story's ...

James Philemon Holcombe - 1846 - 376 sider
...indemnity against the consequences of risk, delay, and expense. 4 John., Chy. Rep. 129; 1 McLean, 180. 3. A surety has a right to stand upon the very terms of his contract, and any variation in it, made without his assent, is fatal. And it will make no difference, even if the change...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volum 109

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 - 1898 - 796 sider
...that he may sustain no injury by a change in the contract, or that it may even be for his benefit. He has a right to stand upon the very terms of his contract ; and if he does not assent to any variation of it, and a variation is made, it is fatal." This is extreme...
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Questions and Answers on Law: Alphabetically Arranged. With ..., Volum 2

Asa Kinne - 1852 - 736 sider
...surety may sustain no injury by a change in the contract, or that it may even be for his benefit. He has a right to stand upon the very terms of his contract ; and if he does not assent to any variation of it, and a variation is made, it is fatal." — Miller v....
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A Practical Treatise on the Law of Contracts Not Under Seal: And Upon the ...

Joseph Chitty - 1855 - 1120 sider
...surety may sustain no injury by a change in the contract, or that it may even be for his benefit. lie has a right to stand upon the very terms of his contract ; and if he does not assent to any variation of it and a variation be made, it is fatal." And in Boston Hat...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volum 17

Georgia. Supreme Court - 1856 - 736 sider
...material or immaterial. No power of man can alter his engagement, and his liability be retained. He has a right to stand upon the very terms of his contract ;, and without his consent, any variation of it is fatal. The law will not allow others to speculate as to...
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Hunt's Merchants' Magazine and Commercial Review, Volum 38

Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - 1858 - 812 sider
...that he may sustain no injury by a change in the contract, or that it may be even for his benefit. He has a right to stand upon the very terms of his contract ; and if he does not assent to any variation of it, and a variation is made, it is fatal." If the liability...
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The Merchants' Magazine and Commercial Review, Volum 38

1858 - 784 sider
...that he may sustain no injury by a change in the contract, or that it may be even for his benefit. He has a right to stand upon the very terms of his contract; and if he does not assent to any variation of it, and a variation is made, it is fatal." If the liability...
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