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" It is not sufficient that he may sustain no injury by a change in the contract, or that it may even be for his benefit. He has a right to stand upon the very terms of his contract ; and if he does not assent to any variation of it, and a variation is... "
Reports of Cases Argued and Adjudged in the Supreme Court of the United States - Stranica 310
napisao/la United States. Supreme Court - 1904
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A General Abridgment and Digest of American Law: With Occasional ..., Opseg 9

Nathan Dane - 1829 - Broj stranica: 956
...not sufficient, that he may sustain no injury by a change in the contracts, or that it may be even for his benefit. He has a right to stand upon the very terms of his contract.' See ch. 52, a. 2, s. 4, Johnson v. Todd. Justices dissented, on the ground the bond remained the same,...
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A Practical Abridgment of American Common Law Cases Argued and ..., Opseg 7

Jacob D. Wheeler - 1836 - Broj stranica: 644
...cumstances, pointed out in his obligation, he is bound, and no ded beyond further.* It is not sufficient that he may sustain no injury by a change in the Contract, or that it may be es-en for his benefit. i«i»«He has a right to stand upon the very terms of his contract; and...
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A Treatise on the Law Relating to the Powers and Duties of Justices of the ...

Joseph Rockwell Swan - 1837 - Broj stranica: 614
...5, 6.] • orARANTir. 325 changing the contract or its mode of performance (a). It is not sufficient that he may sustain no injury by a change in the contract;...his benefit. He has a right to stand upon the very words of the contract; and if he does not assent to any variation of it, and a variation be made, it...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Opseg 6

Louisiana. Supreme Court, Merritt M. Robinson - 1845 - Broj stranica: 676
...Code, arts. 1523-1525. It is no answer that the arrangement may have been beneficial to the surety. He has a right to stand upon the very terms of his contract. 9 Wheaton, 680. 5 Peters' Condens. Rep. 728. Lobdell v. Niphler, 4 La. 294. 7 Mart. NS 13. Millaudon...
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An Introduction to Equity Jurisprudence: On the Basis of Story's ...

James Philemon Holcombe - 1846 - Broj stranica: 376
...against the consequences of risk, delay, and expense. 4 John., Chy. Rep. 129; 1 McLean, 180. 3. A surety has a right to stand upon the very terms of his contract, and any variation in it, made without his assent, is fatal. And it will make no difference, even if the...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Opseg 109

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1898 - Broj stranica: 796
...Miller v. Stewart, 9 Wheat. 680, 703, and other cases, to the proposition that — "It is not sufficient that he may sustain no injury by a change in the contract,...variation of it, and a variation is made, it is fatal." This is extreme ground, and we do not find it necessary to go so far in this case. See Preston v. Huntington,...
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Questions and Answers on Law: Alphabetically Arranged. With ..., Opseg 2

Asa Kinne - 1852 - Broj stranica: 736
...Price, 223. Archer v. Hale, 1 Moore ft Payne, 285. 4 Bing., 464, SC It matters not " that a surety may sustain no injury by a change in the contract,...variation of it, and a variation is made, it is fatal." — Miller v. Stewart 9 Wheaton, 680. Wright, v. Johnston, 8 Wendell, 512. Bank of Washington v. Barrington,...
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A Practical Treatise on the Law of Contracts Not Under Seal: And Upon the ...

Joseph Chitty - 1855 - Broj stranica: 1120
...Miller v. Stewart, !) Wheaton, 680, .Mr. Justice Story said that it matters n.it, " that the surety may sustain no injury by a change in the contract, or that it may even be for his benefit. lie has a right to stand upon the very terms of his contract ; and if he does not assent to any variation...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Opseg 17

Georgia. Supreme Court - 1856 - Broj stranica: 736
...it material or immaterial. No power of man can alter his engagement, and his liability be retained. He has a right to stand upon the very terms of his contract ;, and without his consent, any variation of it is fatal. The law will not allow others to speculate as to...
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A Treatise on the Law of Contracts, Opseg 2

William Wetmore Story - 1856 - Broj stranica: 848
...his consent. Nor does it matter, that such an alteration be for the benefit of the guarantor; because he has a right to stand upon the very terms of his agreement. 2 So, also, inasmuch as the contract of the guarantor and surety is dependent upon that...
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