 | 1866 - 932 páginas
...Justice Blackburn says, " There seems no doubt that where there is a positive contract to do a thing not in itself unlawful, the contractor must perform...performance of his contract has become unexpectedly burthensome or even impossible ; . . . but this rule is only applicable where the contract is positive... | |
 | 1869 - 492 páginas
...LT Rep. NS 357), "There seems to be no doubt that, where there is a positive contract to do a thing not in itself unlawful, the contractor must perform...become unexpectedly burdensome, or even impossible. The law is so laid down in 1 Rolls Abr. ' Condition ' G. ; and in the notes to Walton v. Walerhousc,... | |
 | 1869 - 1110 páginas
...BY THE ACT OF GOD. Boatt v. Firth, CP 17 WR 29. " Where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform...damages for not doing it, although in consequence of unforseen accidents the performance of his concrac'. has become unexpectedly burdensome or even impossible"... | |
 | Illinois. Supreme Court - 1874 - 662 páginas
...the court, said: "There seems to be no doubt that, where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform...become unexpectedly burdensome, or even impossible;" but takes the case out of the general rule on the ground that the parties in that case must have contracted... | |
 | 1863 - 620 páginas
...such a contract. There seems to be no doubt that where there is л positive contract to do a thing not in itself unlawful, the contractor must perform...it, although in consequence of unforeseen accidents tho performance of his contract has become unexpectedly burthensome, or even impossible. The law is... | |
 | 1863 - 804 páginas
...applicable to such a contract. There seems no doubt that where there is a positive contract to do a thing not in itself unlawful, the contractor must perform...damages for not doing it, although, in consequence of unforseen accidents, the performance of his contract has become unexpectedly burthensome, or even impossible.... | |
 | Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - 1864 - 1042 páginas
...applicable to such a contract. There seems no doubt that where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform...performance of his contract has become unexpectedly burthensome or even impossible. The law is so laid down in 1 Roll. Abr. 450, Condition (G), and in... | |
 | Maxwell Alexander Robertson - 1866 - 1190 páginas
...Justice Blackburn says, " There seems no doubt that where there is a positive contract to do a thing not in itself unlawful, the contractor must perform...damages for not doing it, although, in consequence of unforseen accidents, the performance of his contract has become unexpectedly burthensome or even impossible... | |
 | Great Britain. Court of Common Pleas, Octavian Baxter Cameron Harrison, Henry Rutherfurd - 1868 - 972 páginas
...of the Court, says: — "There seems no doubt that where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform...performance of his contract has become unexpectedly burthensome or even impossible." The principle of that case is in the Defendant's favour, and it shows... | |
 | 1882 - 624 páginas
...authorities cited, we are induced to hold that — (1) Where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform...become unexpectedly burdensome or even impossible. (2) But this rule is only applicable when the contract is positive and absolute, and not subject to... | |
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There seems no doubt that where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has become... 
