 When one party assumes to renounce the contract — that is, by anticipation refuses to perform it, he thereby, so far as he is concerned, declares his intention then and there to rescind the contract. Such...  The Manitoba Reports - Page 6041902Full view - About this book
 | Law reports, digests, etc - 1906 - 1052 pages
...before the time for performance arrives, refuses to perform, or declares his intention not to perform, he thereby, so far as he is concerned, declares his...intention then and there to rescind the contract. Such renunciation, however. in and of itself does not work a rescission, for one party to a contract cannot... | |
 | Law reports, digests, etc - 1903 - 1108 pages
...Milling, LR 16 QB Div. 460, 467, by Lord Esher, Master of the Rolls, who put the principle thus : "When one party assumes to renounce the contract, that Is,...anticipation refuses to perform It, he thereby, so far us be Is concerned, declares his Intention then and there to rescind the contract. Such a renunciation... | |
 | William Albert Keener - Contracts - 1898 - 984 pages
...adopted by the other party as a rescission of the contract as to give an immediate right of action. When one party assumes to renounce the contract — that...rescission of the contract, because one party to a 1 2 E. & B. 678 ; 22 LJ (QB) 455. contract cannot by himself rescind it, but by wrongfully making such... | |
 | International Correspondence Schools - Contracts - 1903 - 636 pages
...the parties, but such acts must be clear and unequivocal." Generally, where one party to a contract assumes to renounce the contract, that is, by anticipation...it, he thereby, so far as he is concerned, declares >Am. & Eng. Encyc. Law (1st Ed.). « 108 1ll. 115 (1882); 115 US 29 (1885). Vol. 3. p. 889. »86 SC... | |
 | Law reports, digests, etc - 1904 - 1114 pages
...Div. 467, 55 LJQBN S. 162. 54 LTNS 629, 34 Week. Rep. 238. 50 JP 694, the rule was thus stated : "When one party assumes to renounce the contract, — that...rescind the contract. Such a renunciation does not, of courso, amount to a rescission of the contract, because one party to a contract cannot by himself rescind... | |
 | Appellate courts - 1904 - 822 pages
...Milling, LR 16 QB Div. 460, 467, by Lord Esher, Master of the Rolls, who put the principle thus : "When one party assumes to renounce the contract, that is,...anticipation refuses to perform it, he thereby, so far as be is concerned, declares his intention then and there to rescind the contract. Such a renunciation... | |
 | Australia. High Court - Law reports, digests, etc - 1906 - 1322 pages
...that is, by anticipation (1) LR 6 Ex., 25, at p. 30. (2) 16 QBD, 460. 3 CLR] OF AUSTRALIA. Griffith CJ refuses to perform it, he thereby, so far as he is concerned, declares HC OF A. his intention then and there to rescind the contract. Such a renunciation does not of course... | |
 | Connecticut, John Elliott - Conditional sales - 1909 - 956 pages
...the contract price and market price on Jan. 25. Emery Mfg. Co. v. Salomon, 178 Mass. 582, 583. " When one party assumes to renounce the contract, that is,...by anticipation refuses to perform it, he thereby, as far as he is concerned, declares his intention then and there to rescind the contract. Such a renunciation... | |
 | Henry Campbell Black - Contracts - 1916 - 994 pages
...before the time for performance arrives, refuses to perform, or declares his intention not to perform, he thereby, so far as he is concerned, declares his...intention then and there to rescind the contract. Such renunciation, however, in and of itself, does not work a rescission, for one party to a contract cannot... | |
 | Joseph Asbury Joyce - Insurance law - 1917 - 1248 pages
...contract to be performed in the future, before the time for performance arrives, refuses to perform, he thereby, so far as he is concerned, declares his...intention then and there to rescind the contract. Such renunciation, however, in and of itself does not work a rescission, for one party to a contract cannot... | |
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