 | Sir William Reynell Anson - 1895 - 536 lehte
...65. 2 Anderson v. May, 50 Minn. 280, H. & W. 639 ; Dermott v. Jones, 2 Wall. (US) 1, H. & \V. 641. But the court held that this was no excuse ; ' and...in him. and hath no •remedy over, there the law tcill excuse him. As in the case of waste, if a house be destroyed by tempest, or by enemies, the '•... | |
 | James Paterson - 1895 - 1142 lehte
...was insufficient, for, though the whole army had been alien enemies, yet he ought to pay his rent. And this difference was taken, that where the law...hath no remedy over, there the law will excuse him. As in the case of waste, if a house be destroyed by tempest or by enemies, the lessee is excused. So... | |
 | Sir William Reynell Anson - 1895 - 434 lehte
...the rent should have come. But the Court held that this -was no excuse ; ' and this difference wns taken, that where the law creates a duty or charge...perform it without any default in him, and hath no is applicable on'y if there be clay.' The cases arc indistinguishable, and the conflict of judicial... | |
 | John Frederic Clerk, William Harry Barber Lindsell, Thomas Hollis Walker - 1896 - 824 lehte
...there is no remedy over against them. In the leading case on this subject it is laid down generally that " where the law creates a duty or charge, and...it without any default in him, and hath no remedy o»er, there the law will excuse him " (e). For acts of war committed by the subjects of a state at... | |
 | New York (State). Courts - 1897 - 900 lehte
...do so, the court, delivering itsopinion, through Judge Edwards, said: " It is a well-settled rule, that where the law creates a duty or charge, and the party is disabled from performing it without any default in himself, and has no remedy over, then the law will excuse... | |
 | David Shephard Garland, James Cockcroft, Lucius Polk McGehee, Charles Porterfield - 1898 - 1208 lehte
...impossible by the law, the promisor is released. l Duty Imposed by Law. — It is a well-settled rule that where the law creates a duty or charge and the party is disabled from performance without fault of his own, and has no remedy over, then the law will excuse him.* Act... | |
 | Sir Howard Warburton Elphinstone - 1900 - 612 lehte
...personal remedy against the lessee is of additional use, for the following reason : " Where the lawcreates a duty or charge, and the party is disabled to perform...hath no remedy over, there the law will excuse him. As in the case of waste, if the house be destroyed by tempest or by enemies, the lessee is excused.... | |
 | International Correspondence Schools - 1903 - 636 lehte
...(1896). >"4 NY 411 (1850); LR 4Q. B. (Ensr.) "« LR 4 Ex. (Eng.) 269 (1871). 51. The well-settled rule is that where the law creates a duty or charge, and the party is disabled from performing it without any default in himself, and has no remedy over, then the law will excuse... | |
 | Floyd Russell Mechem - 1902 - 788 lehte
...giving judgment, adopted the true distinction taken in the books, viz. : "When the law creates a duty and the party is disabled to 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... | |
 | Henry John Wastell Coulson, Urquhart Atwell Forbes - 1902 - 776 lehte
...for the plaintiffs ;— "The distinction taken in the books is "this; When the law creates a duty, "and the party is disabled to 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... | |
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... but 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... 
