 | Nicholas Baylies - 1814 - 576 страници
...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... | |
 | Charles Barton - 1821 - 586 страници
...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,... | |
 | CHARLES BARTON - 1821 - 580 страници
...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,... | |
 | Francis Ludlow Holt - 1824 - 680 страници
...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,... | |
 | Jacob D. Wheeler - 1835 - 618 страници
...disabled from performing it without any fault of his own; yet, when by his own contract, he creates a duty or charge upon himself, he is bound to make it good, notwithstanding any ac • cident by inevitable necessity, because he might have provided against it by his contiael. 11.... | |
 | Charles Greenstreet Addison - 1847 - 988 страници
...floods, or by any inevitable accident ; (o) for " 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 by his contract. And therefore,... | |
 | Joseph Kinnicut Angell - 1849 - 808 страници
...no remedy over, then the law will excuse him. But when 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. See opinion of Rogers, J., in Hand r. Bayncs, 4 Wliart. (Penn.) R. 214 ; Allcyn,... | |
 | 1851 - 844 страници
...by tempest or 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, notwithstanding any accident by inevitable necessity, because he ought to have provided against it by his own contract.'' Walton... | |
 | Joseph Kinnicut Angell - 1851 - 836 страници
...no remedy over, then the law will excuse him. But when 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. See opinion of Rogers, J., in Hand v. Baynes, 4 \Vhart. (Penn.) R. 214 ; Alleyn,... | |
 | Ireland. High Court of Chancery - 1852 - 780 страници
...enemies the v " lessee is excused." " But when the party, by his own contract, M,CANN. " 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 his contract :" Paradine v.... | |
| |
... where the party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, notwithstanding any accident or delay by inevitable necessity, because he might have provided against it by contract. 
