 | 1866 - 932 lehte
...and in delivering the judgment of the Court, Mr. Justice Blackburn says, " There seems no doubt that where there is a positive contract to do a thing not...performance of his contract has become unexpectedly burthensome or even impossible ; . . . but this rule is only applicable where the contract is positive... | |
 | 1869 - 492 lehte
...rich in learning. The learned judge there says (8 LT Rep. NS 357), "There seems to be no doubt that, where there is a positive contract to do a thing not...performance of his contract has become unexpectedly burdensome, or even impossible. The law is so laid down in 1 Rolls Abr. ' Condition ' G. ; and in the... | |
 | 1869 - 1110 lehte
...LAW. PERFORMANCE OP CONTRACT BEJÍDEBED IMPOSSIBLE BY THE ACT OF GOD. Boatt v. Firth, CP 17 WR 29. " Where there is a positive contract to do a thing,...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 lehte
...Justice BT-ACKBURN, in delivering the judgment of the court, said: "There seems to be no doubt that, where there is a positive contract to do a thing,...performance of his contract has become unexpectedly burdensome, or even impossible;" but takes the case out of the general rule on the ground that the... | |
 | 1863 - 804 lehte
...must depend upon the general rules of law applicable to such a contract. There seems no doubt that where there is a positive contract to do a thing not...damages for not doing it, although, in consequence of unforseen accidents, the performance of his contract has become unexpectedly burthensome, or even impossible.... | |
 | 1863 - 620 lehte
...general rules of law applicable to such a contract. There seems to be no doubt that where there is л positive contract to do a thing not in itself unlawful,...it, although in consequence of unforeseen accidents tho performance of his contract has become unexpectedly burthensome, or even impossible. The law is... | |
 | Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - 1864 - 1042 lehte
...alleging mala fides in the defendants, was no answer to the plea. Stadhard v. Lee and another, 364. V. Where there is a positive contract to do a thing,...performance of his contract has become unexpectedly burthensome or even impossible. Taylor and another v. Coldwell and another, 826. VI. But this rule... | |
 | Maxwell Alexander Robertson - 1866 - 1190 lehte
...and in delivering the judgment of the Court, Mr. Justice Blackburn says, " There seems no doubt that where there is a positive contract to do a thing not...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 - 1038 lehte
...Caldwell (c), Blackburn, J., in delivering the judgment of the Court, says:—"There seems no doubt that where there is a positive contract to do a thing,...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 lehte
...be disapproved. Upon principle as well as the authorities cited, we are induced to hold that — (1) Where there is a positive contract to do a thing,...performance of his contract has become unexpectedly burdensome or even impossible. (2) But this rule is only applicable when the contract is positive and... | |
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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... 
