The truth is, that the doctrine of the revival of contracts suspended during the war is one based on considerations of equity and justice, and cannot be invoked to revive a contract which it would be unjust or inequitable to revive. In the case of life... The Insurance Law Journal - Side 8701876Uten tilgangsbegrensning - Om denne boken
| 1882 - 624 sider
...while the policy was in force. The doctrine of the revival of contracts suspended during the war is based on considerations of equity and justice, and...which it would be unjust or inequitable to revive, as when time is of the essence of tho contract, or the parties cannot be made equal. Tho case of New... | |
| 1876 - 816 sider
...the forfeiture occurred, and may be recovered in an action at law or suit in equity. The doctrine of revival of contracts, suspended during the war, is...which it would be unjust or inequitable to revive — as where time is of the essence of the contract, or the parties cannot be made equal. The average... | |
| 1876 - 672 sider
...the forfeiture occurred, and may be recovered in an action at law or suit in equity. The doctrine of revival of contracts, suspended during the war, is...which it would be unjust or inequitable to revive —as where time is of the essence of the contract, or the parties cannot be made equal. The average... | |
| United States. Supreme Court - 1877 - 748 sider
...construction of a building in Cincinnati, could he have claimed to perform the contract in 1865, on the ground that the war prevented an earlier performance...another strong reason exists why the policy should not be revived. The parties do not stand on equal ground in reference to such a revival. It would operate... | |
| 1877 - 682 sider
...debts. The doctrine of the revival of contracts suspended during the war, is one based on consideration of equity and justice, and cannot be invoked to revive...which it would be unjust or inequitable to revive. We are of opinion, therefore, first, that as the companies elected to insist upon the condition in... | |
| West Virginia. Supreme Court of Appeals, Edgar P. Rucker - 1882 - 886 sider
...life time is material and of the essence of the contract. The second reason is, that the doctrine ot the revival of contracts suspended during the war...which it would be unjust or inequitable to revive ; and it would be inequitable to revive a policy for life without the election of the company to so... | |
| James Abram Garfield - 1882 - 842 sider
...at law or a suit in equity. "5. The doctrine of revival of contracts, suspended during the war, is based on considerations of equity and justice, and...which it would be unjust or inequitable to revive, — as where time is of the essence of the contract, or the parties cannot be made equal. " 6. The... | |
| William Albert Keener - 1888 - 1234 sider
...construction of a building in Cincinnati, could he have claimed to perform the contract in 1865, on the ground that the war prevented an earlier performance...another strong reason exists why the policy should not be revived. The parties do not stand on equal ground in reference to such a revival. It would operate... | |
| Joseph Fitz Randolph - 1888 - 848 sider
...v. Buck, 3 Otto 24; NY Life Ins. Co. v. Statham, 3 Otto 24 (1876), Bradley, J., saying in this case, "The doctrine of the revival of contracts suspended...which it would be unjust or inequitable to revive." But see, contra, Hillyard v. Mutual Benefit Ins. Co., 8 Vroom 444 (1874), affirming 6 Ib. 415; Semmes... | |
| William Albert Keener - 1898 - 984 sider
...construction of a building in Cincinnati, could he have claimed to perform the contract in 1865, on the ground that the war prevented an earlier performance...another strong reason exists why the policy should not be revived. The parties do not stand on equal ground in reference to such a revival. It would operate... | |
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