 ... in the absence of any express or implied warranty that the thing shall exist, the contract is not to be construed as a positive contract, but as subject to an implied condition that the parties shall be excused in case, before breach, performance...  The Central Law Journal - Stranica 511896Potpun prikaz - O ovoj knjizi
 | William Evans - 1879 - Broj stranica: 802
...within the qualification of the principle, the qualification being that the principle shall apply only in the absence of any express or implied warranty that the thing shall exist. This qualification was recognized by the Queen's Bench in the above case. The Court of Common Pleas... | |
 | Sir William Reynell Anson - 1879 - Broj stranica: 486
...absence of any express or implied stipulation that the thing shall exist, the contract is not to he construed as a positive contract, but as subject to an implied condition tJtat the parties shall be excused in case, before hreach, performance hecomes impossihle from the... | |
 | James Thomas Foard - 1880 - Broj stranica: 678
...exist, so that, when entering into the contract they must have contemplated such continued existence as the foundation of what was to be done ; there, in...implied condition that the parties shall be excused in case, before breach, performance becomes impossible from the perishing of the thing, without default... | |
 | Sir William Reynell Anson - 1880 - Broj stranica: 494
...of what was to be done; " and that therefore, " in the absence of any express or implied stipulation that the thing shall exist, the contract is not to...a positive contract, but as subject to an implied condi- *317 tion that the parties shall be excused in case, before breach, performance becomes impossible... | |
 | Frederick Pollock - 1881 - Broj stranica: 848
...exist, so that when entering into the contract they must have contemplated such continued existence as the foundation of what was to be done ; there in the absence of any Implied express or implied (a) warranty that the thing shall exist, J^1 1'"' the contract is not to... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1882 - Broj stranica: 764
...so that, when entering into the contract, they must have contemplated such continuing existence as the foundation of what was to be done, there, in the...implied condition that the parties shall be excused in case, before breach, performance becomes impossible from the perishing of the thing without the default... | |
 | Isaac Grant Thompson - 1882 - Broj stranica: 912
...exist, so that when entering into the contract they must have contemplated such continuing existence as the foundation of what was to be done, there in the...implied condition that the parties shall be excused in case before breach performance becomes impossible from the perishing of the thing without the default... | |
 | Alfred Charles Richard Emden - 1882 - Broj stranica: 776
...existence as the foundation of what was to be done ; then, in the absence of any express or implicd warranty that the thing shall exist, the contract...not to be construed as a positive contract, but as subjcct to an implicd condition that the partics shall be excnsed in case before breach the contract... | |
 | 1914 - Broj stranica: 1230
...so that, when entering into the contract, they must have contemplated euch continuing existence as the foundation of what was to be done; there, in the...warranty that the thing shall exist, the contract ia not to be construed as a positive contract, but a« subject to an implied condition that the parties... | |
 | Sir William Reynell Anson - 1884 - Broj stranica: 456
...what was to be done ; ' and that therefore, ' in the absence of any express or implied stipulation that the thing shall exist, the contract is not to be construed as a positive contract, but an subject to an implied condition that the parties shall be excused in case, before breach, performance... | |
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