 And this difference was taken, that where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him.  Reports of Cases Decided in the Court of Appeals of the State of New York - Side 502av New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Edmund Hamilton Smith, Hiram Edward Sickels, Louis J. Rezzemini, Edwin Augustus Bedell, James Newton Fiero, Alvah S. Newcomb - 1867Uten tilgangsbegrensning - Om denne boken
 | Samuel Williston - 1920 - 1156 sider
...early English law was habitually stated may be found in Serjeant Williams' Notes to Saunders' Reports.1 "When the law creates a duty, and the party is disabled...and he has no remedy over, the law will excuse him; as in waste, if a house be destroyed by tempest, or by enemies, the lessee is excused. So in escape,... | |
 | Samuel Williston - 1920 - 1254 sider
...was held insufficient. "And this difference was taken, that where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him; . . . but when the party by his own contract creates... | |
 | William Charles Wermuth - 1921 - 508 sider
...merely one of extra expense. The rule may be stated to be that ''where the law creates a duty or charge, and the party is disabled to perform it without any default in him, there the law will excuse him ; * * * but where the party by his own contract creates a duty or charge... | |
 | Sir William Searle Holdsworth - 1925 - 546 sider
...answer to the action. " And this difference was taken, that when the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, then the law will excuse him. As in the case of waste, if a house be destroyed... | |
 | Alberta. Supreme Court - 1925 - 744 sider
...promisor is not therefore discharged. As said in an old case, 'Where the law creates a duty or charge, and the party is disabled to perform it without any default in him, there the law will excuse him; * * * but where the party by his own contract creates a duty or charge... | |
 | United States. Supreme Court - 1926 - 950 sider
...Jii-ffium, Waste, 183. let. ed. Kelw, 87. It is also agreed, that where the law creates a duty or chnrge, and the party is disabled to perform it without any default in him, and iiMtli no remedy over, there be shall be excused. As in the cases of waste against tenants in dower,... | |
 | 1918 - 500 sider
...provided against this in his contract. But it has been said that : "Where the law creates a duty or charge and the party is disabled to perform it without any default in him and he hath no remedy over these, the law will excuse him." If, however, he creates a charge upon himself,... | |
 | Frederick Green - 1927 - 896 sider
...into their contract. In All. 27, this distinction is taken : "Where the law creates a duty or charge, and the party is disabled to perform it, without any default in him, and hath no remedy over, there the law will excuse him ; but when the party, by his own contract, creates... | |
 | 1882 - 578 sider
...and there was judgment for plaintiff. The court held that "where the law creates a duty or charge, and the party is disabled to perform it, without any default in him, and hath no remedy over, then the law will excuse him. * * * * But when the party by his own contract creates... | |
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