There seems no doubt that where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has become... The Southern Law Review - Side 9101882Uten tilgangsbegrensning - Om denne boken
| 1866 - 932 sider
...and in delivering the judgment of the Court, Mr. Justice Blackburn says, " There seems no doubt that where there is a positive contract to do a thing not...impossible ; . . . but this rule is only applicable where the contract is positive and absolute, and not subject to any condition express or implied; and... | |
| 1869 - 492 sider
...rich in learning. The learned judge there says (8 LT Rep. NS 357), "There seems to be no doubt that, where there is a positive contract to do a thing not...performance of his contract has become unexpectedly burdensome, or even impossible. The law is so laid down in 1 Rolls Abr. ' Condition ' G. ; and in the... | |
| 1869 - 1110 sider
...LAW. PERFORMANCE OP CONTRACT BEJÍDEBED IMPOSSIBLE BY THE ACT OF GOD. Boatt v. Firth, CP 17 WR 29. " Where there is a positive contract to do a thing,...damages for not doing it, although in consequence of unforseen accidents the performance of his concrac'. has become unexpectedly burdensome or even impossible"... | |
| Illinois. Supreme Court - 1874 - 662 sider
...Justice BT-ACKBURN, in delivering the judgment of the court, said: "There seems to be no doubt that, where there is a positive contract to do a thing,...performance of his contract has become unexpectedly burdensome, or even impossible;" but takes the case out of the general rule on the ground that the... | |
| 1863 - 804 sider
...must depend upon the general rules of law applicable to such a contract. There seems no doubt that where there is a positive contract to do a thing not...damages for not doing it, although, in consequence of unforseen accidents, the performance of his contract has become unexpectedly burthensome, or even impossible.... | |
| 1863 - 620 sider
...general rules of law applicable to such a contract. There seems to be no doubt that where there is л positive contract to do a thing not in itself unlawful,...it, although in consequence of unforeseen accidents tho performance of his contract has become unexpectedly burthensome, or even impossible. The law is... | |
| Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - 1864 - 1042 sider
...alleging mala fides in the defendants, was no answer to the plea. Stadhard v. Lee and another, 364. V. Where there is a positive contract to do a thing,...become unexpectedly burthensome or even impossible. Taylor and another v. Coldwell and another, 826. VI. But this rule is only applicable when the contract... | |
| Maxwell Alexander Robertson - 1866 - 1190 sider
...and in delivering the judgment of the Court, Mr. Justice Blackburn says, " There seems no doubt that where there is a positive contract to do a thing not...damages for not doing it, although, in consequence of unforseen accidents, the performance of his contract has become unexpectedly burthensome or even impossible... | |
| Great Britain. Court of Common Pleas, Octavian Baxter Cameron Harrison, Henry Rutherfurd - 1868 - 1038 sider
...Caldwell (c), Blackburn, J., in delivering the judgment of the Court, says:—"There seems no doubt that where there is a positive contract to do a thing,...become unexpectedly burthensome or even impossible." The principle of that case is in the Defendant's favour, and it shows that an action by the Defendant... | |
| 1882 - 624 sider
...be disapproved. Upon principle as well as the authorities cited, we are induced to hold that — (1) Where there is a positive contract to do a thing,...performance of his contract has become unexpectedly burdensome or even impossible. (2) But this rule is only applicable when the contract is positive and... | |
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