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" In the case at bar the obligation is to pay a sum certain at a certain day ; but the law does not suppose that he is at the moment of making the contract contemplating the period at which he may be freed, by lapse of time, from performing it. The argument... "
Reports of Cases Heard and Decided in the House of Lords on Appeals and ... - Side 14
av Great Britain. Parliament. House of Lords - 1841
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Commentaries on the Conflict of Laws, Foreign and Domestic,: In Regard to ...

Joseph Story - 1841 - 927 sider
...suppose, that he is at the moment of making the contract contemplating the period at which he may be freed by lapse of time from performing it. The argument,...supposes that the parties look only to the breach of the argreement. Nothing is more contrary to good faith than such a supposition, that the contracting parties...
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Commentaries on the Conflict of Laws: Foreign and Domestic, in Regard to ...

Joseph Story - 1846 - 1068 sider
...suppose, that he is at the moment of making the contract contemplating the period, at which he may be freed by lapse of time from performing it The argument,...limitation is of the nature of the contract, supposes. § 580. The other objection is well founded in its form, but it does not shake the ground of the general...
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The Practice of the Courts of King's Bench and Common Pleas, in ..., Volum 1

William Tidd, Francis Joseph Troubat, Asa Israel Fish - 1856 - 1550 sider
...suppose that he is at the moment of making the contract, contemplating tbe period at which he may be freed, by lapse of time, from performing it. The argument...more contrary to good faith than such a supposition, that the contracting parties look only to the period at which the statute of limitations will begin...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volum 7

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner - 1856
...contract, contemplating the period at which he may be released by lapse of time from its performance. The argument that the limitation is of the nature of the contract, supposes the parties to look only to its breach." This position is presented at length, and with great force,...
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Commentaries on the conflict of laws, foreign and domestic: in regard to ...

Joseph Story - 1857 - 1047 sider
...suppose, that he is at the moment of making the contract contemplating the period, at which he may be freed by lapse of time from performing it. The argument,...more contrary to good faith, than such a supposition, that the contracting parties look only to the period, at which the Statute of Limitations will begin...
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A Selection of Leading Cases on Mercantile and Maritime Law: With Notes

Owen Davies Tudor - 1860 - 896 sider
...suppose that he is at the moment of making the contract contemplating the period at which he may be freed by lapse of time from performing it. The argument that the limitation is in the nature of the contract, supposes that the parties look only to the breach of the agreement....
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A treatise on the limitations of actions at law and suits in equity and ...

Joseph Kinnicut Angell - 1861 - 494 sider
...suppose that he is at the moment of making the contract contemplating the period at which he may be freed, by lapse of time, from performing it. The argument...more contrary to good faith than such a supposition, that the contracting parties look only to the period at which the statute of limitations will begin...
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A Selection of Leading Cases on Mercantile and Maritime Law: With Notes

Owen Davies Tudor - 1868 - 1036 sider
...The argument that the limitation is in the nature of the contract, supposes that the DON V. LIPPMANN. parties look only to the breach of the agreement....parties look only to the period at which the statute of limitation will begin to run, it will sanction a wrong course of conduct, and will turn a protection...
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Private International Law. A Treatise on the Conflict of Laws: And the ...

Friedrich Karl von Savigny - 1869 - 387 sider
...authorities. He says that Lord Brougham's reasoning in Lipmann v Don ' rests on two fallacies. first, " the argument that the limitation is of the nature...more contrary to good faith than such a supposition." But this is to confound the interpretation of the contract with the operation on it of the lex loci...
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La Revue critique de législation et de jurisprudence du Canada, Volum 1

1871
...lexfori, says that Lord Brougham's opinion, in Lippmann v. Don, rests on two fallacies: — "First, 'the argument that the limitation is of the nature of the contract, suppose that the parties look only to the breach of the agreement. Nothing is more contrary to good...
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