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" I mention that because it is important to express my view that, in cases of this sort, where the question is whether the one party is set free by the action of the other, the real matter for consideration is whether the acts or conduct of the one do or... "
Benjamin's Treatise on the Law of Sale of Personal Property: With References ... - Page 784
by Judah Philip Benjamin - 1884 - 1314 lehte
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, 207. köide

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1920 - 788 lehte
...order to excuse the defendants from performance the delay must be — "such an unreasonable delay as to amount to an intimation of an intention to abandon and altogether refuse performance." The court, however, did instruct the jury that the delay must have been — "such an unreasonable delay...
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The Indian Contract Act, No. IX of 1872: Together with an Introduction and ...

India - 1878 - 710 lehte
...excuses and resistance on the other. I mention that because it is important to express my view that, in cases of this sort, where the question is whether...intimation of an intention to abandon and altogether to refuse performance of the contract. I say this in order to explain the ground upon which I think...
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Weekly Notes of Cases Argued and Determined in the Supreme Court ..., 9. köide

1881 - 626 lehte
...by Lord COLERIDGE in Freeth v. Burr (LR 9 CP 208), who gives this explanation of the authorities : " In cases of this sort, where the question is whether...acts or conduct of the one do. or do not amount to an intention to abandon and altogether to refuse performance of the contract. I say this in order to explain...
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The Canadian Law Times, 41. köide

Edward B. Brown - 1921 - 804 lehte
...agreed as a sound statement of principle. He said : — " It is important to express my view that, in cases of this sort, where the question is whether...intimation of an Intention to abandon and altogether to refuse performance of the contract. I say this in order to explain the ground upon which I think...
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The Ontario Reports: Containing Reports of Cases Decided in the ..., 2. köide

Ontario. High Court of Justice - 1883 - 752 lehte
...delivered. " In cases of this sort," says Lord Coleridge, in Frecth v. Burr, LR 9 0. P., at p. 213, "where the question is, whether the one party is set...intimation of an intention to abandon and altogether to refuse performance of the contract. I say this in order to explain the ground on which I think the...
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A Concise Treatise on the Law Relating to Sales of Land

Aubrey St. John Clerke, Hugh McNab Humphry - 1885 - 646 lehte
...party entitles the other to rescind the contract ? Lord ^' Coleridge has thus stated the principle:—" In cases of this sort, where the question is whether...intimation of an intention to abandon and altogether to refuse performance of the contract": Freeth v. Burr, LE 9 CP 208. This statement was, in a recent...
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United States Reports: ... and Rules Announced at ...

United States. Supreme Court - 1886 - 778 lehte
...following statement of the rule governing these cases, which has been frequently cited with approval: " In cases of this sort, where the question is whether...intimation of an intention to abandon and altogether to refuse performance of the contract. I say this in order to explain the ground upon which I think...
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United States Reports: Cases Adjudged in the Supreme Court at ... and Rules ...

United States. Supreme Court - 1886 - 782 lehte
...following statement of the rule governing these cases, which has been frequently cited with approval: " In cases of this sort, where the question is whether...intimation of an intention to abandon and altogether to refuse performance of the contract. I say this in order to explain the ground upon which I think...
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A Treatise on the Effect of the Contract of Sale on the Legal Rights of ...

Colin Blackburn Baron Blackburn - 1887 - 478 lehte
...the opinion of the Court. The Court upheld the verdict, and Lord Coleridge, CJ, said that " incases of this sort, where the question " is whether the...other, the " real matter for consideration is whether acts or conduct of the one " do or do not amount to an intimation of an intention to abandon " and...
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The Ontario Reports: Containing Reports of Cases Decided in the ..., 15. köide

Ontario. High Court of Justice - 1888 - 846 lehte
...Ontario Court of Appeal, in Midland R. W. Co. v. Ontario Rolling Mills, 10 AR 677, is as follows : " In cases of this sort, where the question is, whether...and altogether refuse performance of the contract." The conduct of the defendant in the present case, which is relied upon by the plaintiff as a justification...
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