... 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. Reports of Cases in the Supreme Court of Nebraska - Stranica 258napisao/la Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1897Potpun prikaz - O ovoj knjizi
| Sir Thomas Edlyne Tomlins - 1812 - Broj stranica: 736
...disabled to perform it without any default in him, the law will excitse him : but when the party by hi own contract creates a duty or charge upon himself, he is bound to make il good, notwithstanding aiij accident by inevitable necessity. 6' TR 7 ¿ 1 4. Covenant in a lease... | |
| Nicholas Baylies - 1814 - Broj stranica: 576
...is disabled to perform it U'ithout any default in him, the law will excuse him : but when the party by his own contract creates a duty or charge upon...notwithstanding any accident by inevitable necessity. 6 Term Rep. 751. 5 Covenant in a lease that the lessee, would not dig gravel out of any part of the... | |
| Henry Ballow, John Fonblanque - 1820 - Broj stranica: 492
...waste, if a house be destroyed by tempest, or by enemies, the lessee is excused. But when the 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... | |
| Charles Barton - 1821 - Broj stranica: 586
...is disabled to perform it without any default in him, the law will excuse hini ; but, when the party by his own contract creates a duty or charge upon...himself, he is bound to make it good, notwithstanding an accident by inevitable necessity. Hence, a lessee, who covenants generally to pay rent, or to repair,... | |
| CHARLES BARTON - 1821 - Broj stranica: 580
...is disabled to perform it without any default in him, 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, notwithstanding an accident by inevitable necessity. Hence, a lessee, who covenants generally to pay rent, or to repair,... | |
| William Woodfall - 1822 - Broj stranica: 722
...without any default in him, and he has 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 if he may, notwithstanding any accident by inevitable necessity ; because he might have provided against... | |
| Francis Ludlow Holt - 1824 - Broj stranica: 680
...just principles in Paradine v. Jane, (a) " That when the party by his own contract creates a specific duty or charge upon himself, he is bound to make it...notwithstanding any accident by inevitable necessity ; because he might have provided against it by his contract;" and because, not having so provided, it is to be... | |
| Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - 1826 - Broj stranica: 708
...excnsed; for the rule of law, as \rnOt down in Paradine v. Jane, Alet/n, 27. is, that " when 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 accident by inevitable necessity, because he might have provided against... | |
| Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - 1826 - Broj stranica: 706
...it without any act in him, and hath no 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 may, notwithstanding any accident by inevitable necessity, because he might have provided against... | |
| Peyton Randolph, Virginia. Supreme Court of Appeals - 1827 - Broj stranica: 776
...without any act in him, and hath no 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 il good if he- may, notwithstanding any accident by inevitable necessity; because he might have provided... | |
| |