...argument) that — "Where a party by his own contract in writing, as the bank has done in this case, creates a duty or charge upon himself, he is bound to make it good, although the accident may have been inevitable and beyond his power to prevent, for the very good reason...

...to the other. They will neither make nor modify contracts, nor dispense with their performance. When a party by his own contract creates a duty or charge upon himself, he Is bound to a possible performance of It, because he promised It, and did not shield himself by proper conditions...

...apply It, such damage is injuria sine damno, and is not oompensable. Where a party by his voluntary contract creates a duty or charge upon himself he is bound to make it good, notwithstanding he is prevented by inevitable necessity. In such a case he will be held to the performance...

...difficult in concurrence, or convenience, with the government contracts; but all this is not enough. Where a party by his own contract creates a duty or charge upon himself, its very essence is an ability to perform, and he is bound to make it good. Legal excuse requires that...

...124; 40 LJ, Q^B. So; 177 m. Intervening Impossibility. — i. General Rule. — It is a general rule that where a party, by his own contract, creates a...or charge upon himself, he is bound to make it good or answer in damages, although prevented in the performance by an inevitable accident.1 But if a contract...

...perform it 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, notwithstanding any accident by inevitable necessity, because he might have provided against it when...

...is disabled to perform it without any default in him, there the law will excuse him; but where 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, because he might have provided against it by...

...administrator without such allowance, the administrator was excused from a performance of the contract. For, where a 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, because he might have provided against it by...

...thereafter appeal, has no application. 2. Contracts!: PERFORMANCE : INSTRUCTION : PLEADING AND PROOF . If a 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, because he might have provided against it 43...

...Arent v. Squire, 1 Daly, 347; Edw. Bailm. £ 62; Wharton, Neg. S 422; Collins v. Bennett, 46 NY 490. Where a party by his own contract creates a duty or...charge upon himself, he is bound to make it good if lie may, notwithstanding any accident by inevitable necessity, because he might have provided against...