| 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,... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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,... | |
| 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,... | |
| 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... | |
| 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... | |
| 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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