 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1867 - 674 páginas
...is a settled rule of law that where a party by his own contract absolutely engages to do an act, or creates a duty or charge upon himself, he is bound to make it good notwithstanding any accident or other contingency not foreseen by or within the control of the party, unless its performance is rendered... | |
 | 1901 - 542 páginas
...and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him. . . but when the party, by...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... | |
 | 1872 - 384 páginas
...charge, and the party is disabled to perform it without any default in him, and halb no remedy over, theu law will excuse him, but when the party by his own...or charge upon himself he is bound to make it good if he muy, notwithstanding any accident by inevitable necessity, because he might have provided against... | |
 | 1872 - 710 páginas
...as. in the case of waste, if a house be destroyed by tempi«, or by enemies, the lessee is excused. But when the party, by his own contract, creates a duty or clmrce upon himself, he is bound to mnke it good, if he may, notwithstanding any accident by inevitable... | |
 | James Perronet Aspinall, James. A. Petrie - 1873 - 654 páginas
...and the party is disabled to perform it, without any default in him, and hath no remedy over, there the law will excuse him ; but when the party by his...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... | |
 | India - 1878 - 710 páginas
...excuse him ; " as in waste, if a house be destroyed by tempest or by enemies, the lessee is excused But, " when the party by his own contract creates...or charge upon himself, he is bound to make it good if he may, notwithstanding any accident by inevitable necessity, becanse he might have provided against... | |
 | United States. Supreme Court - 1873 - 740 páginas
...excused; so, in escape, if a prison be destroyed by tempest or enemies, the gaoler is excused. But where 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... | |
 | Ohio. Supreme Court - 1905 - 660 páginas
...the sanctity of contracts require parties to do what they have agreed to do; and when a party, by his contract, creates a duty or charge upon himself, he is bound to make it, good. We are sustained in our contention by the following cases: Paducah Lumber Co. v. Paducah Water Supply... | |
 | 1881 - 638 páginas
...without any default in himself, and he has no remedy over, then the law will excuse him; but where the party by his own contract creates a duty or charge...notwithstanding any accident or delay by inevitable necessity.'' This rule is supported by a number of authorities. Paradine v. Jane, Allyn, 26; Shubrick v. Salmond.3... | |
 | 1918 - 502 páginas
...ii47, Aleyn, 2'i, in which "the original rule of English law was clear in its insistence, that where a party by his own contract creates a duty or charge...bound to make it good notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract." This rule became... | |
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... 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. 
