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. Reports of Cases Decided in the Court of Appeals of the State of New York - 150 페이지저자: New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand, Edward Jordan Dimock, Hiram Edward Sickels, Edmund Hamilton Smith, Louis J. Rezzemini, Edwin Augustus Bedell, James Newton Fiero, Alvah S. Newcomb - 1867전체보기 - 도서 정보
| Sir Thomas Edlyne Tomlins - 1812 - 736 페이지
...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 - 576 페이지
...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 himself, he is bound to make it good notwithstanding any accident by inevitable necessity. 6 Term Rep. 751. 5 Covenant in a lease that the lessee, would not dig gravel... | |
| Henry Ballow, John Fonblanque - 1820 - 492 페이지
...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 - 580 페이지
...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,... | |
| Charles Barton - 1821 - 586 페이지
...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,... | |
| William Woodfall - 1822 - 722 페이지
...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 - 680 페이지
...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 good, notwithstanding any accident by inevitable necessity ; because he might have provided against it by his contract;" and because,... | |
| Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - 1826 - 708 페이지
...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... | |
| Peyton Randolph, Virginia. Supreme Court of Appeals - 1827 - 776 페이지
...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... | |
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