 | Theophilus Parsons - 1859 - 846 sider
...Panwline v. Jane, Aleyn, 26, applies, namely, ' That when a party by his own contract ereates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any aceident by inevitable necessity, because he might have provided against it by his contract.' " Sce... | |
 | John Scott, Great Britain. Court of Common Pleas - 1859 - 518 sider
...repair. The sum mentioned in this rule is the amount deducted by the VOL. III. N. 6.—9 J dent or inevitable necessity, because he might have provided against it by his contract."] The true answer to this rule, however, is, that the court has no jurisdiction in the matter. The parties,... | |
 | Alexander Ralston Tiffany - 1859 - 656 sider
...no remedy over, the law will excuse him ; but when a party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, if he can, notwithstanding any accident by inevitable necessity; because he might have provided against it... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1867 - 664 sider
...no remedy over, the law will excuse him ; but when the party, by his own contract, creates a duty or charge upon himself, he is bound to make it good,...he might have provided against it by his contract" In a case where a lessee binds himself, by express covenant, to pay the rent during the term, and there... | |
 | Charles Dickens - 1860 - 638 sider
...party, by his own contract," said Lord Kenyon, on giving his decision in the case, "creates a duty or charge upon himself, he is bound to make it good if he :iir.v, because he might have guarded against it by his contract." So also, in another old case, the... | |
 | Illinois. Supreme Court - 1872 - 640 sider
...remedy over, then the law will excuse him ; but when the party by his o\vn contract creates a duty or charge upon himself, he is bound to make it good,...he might have provided against it by his contract. 7 Term Rep. 267. In the case of Hndley v. Clarke, 7 Term, 259, the contract was to carry the goods,... | |
 | Illinois. Supreme Court - 1874 - 662 sider
...Juine, Aleyn, 27, cited in 3 Bos. & Pul. 420 : " Where a party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any acci^J dent by inevitable necessity, because he might have provided ^C""^ against it by his own contract."... | |
 | David Maclachlan - 1860 - 1046 sider
...remedy over, there the law will excuse him ; but where a party, by his own contract, creates a duty or charge upon himself, he is bound to make it good if...he might have provided against it by his contract." 6 Therefore, to an action on a charter-party for not loading a cargo of guano at Ichaboe, it is no... | |
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But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract. 
