 ... it depends in each case on the terms of the contract and the circumstances of the case, whether the breach of contract is so material as to justify the injured party in refusing to proceed further...  The Pacific Reporter - Page 3581925Full view - About this book
 | South Australia - Law - 1896 - 230 pages
...whether the breach of contract is a repudiation of the whole contract or whether it is a severable breach giving rise to a claim for compensation, but not to a right to treat the whole contract as repudiated. Delivery to carrier. Ib., sec. 32. Risk where goods are delivered at distant place. Ib.,... | |
 | American Bar Association - Bar associations - 1921 - 1066 pages
...on the terms of the contract and the circumstances of the case, whether the hreach of contract is so material as to justify the injured party in refusing to proceed further and suing for damages for hreach of the entire contract, or whether the hreach is severahle, giving rise to a claim for compensation,... | |
 | Institute of Bankers (Great Britain) - Banks and banking - 1891 - 840 pages
...the breach of contract is a repudiation of the whole contract, or whether it is a severable breach giving rise to a claim for compensation, but not to a right to put an end to the whole contract. 35. Di-lirery to carrier. — (1.) Where, under a contract of sale,... | |
 | Law reports, digests, etc - 1918 - 1142 pages
...on the terms of the contract and the circumstances of the case whether the breneh of contract is so material as to justify the injured party in refusing...the breach is severable, giving rise to a claim for comnensation, but not to a right to treat the whole contract as broken." The statute thus establishes... | |
 | Law reports, digests, etc - 1914 - 1164 pages
...the contract and circumstances of the case whether the breach of contract as to one installment is so material as to justify the injured party in refusing to proceed further, to justify the seller in refusing to proceed further with defendant's contract. [Ed. Note. — For... | |
 | Law reports, digests, etc - 1912 - 1182 pages
...to deliver goods by installments, by reason of defective delivery of one or more installments, is so material as to justify the injured party in refusing to proceed further is a question of fact, and a plea setting up the breach must aver its materiality. [Ed. Note.— For... | |
 | Law reports, digests, etc - 1921 - 1162 pages
...on the terms of the contract and the circumstances of the case whether the breach of contract Is so material as to justify the injured party in refusing...to a right to treat the whole contract as broken." Assuming that there was unreason able .del ay in sending shipping instructions and making demand for... | |
 | Law reports, digests, etc - 1918 - 1258 pages
...on the terms of the contract and the circumstances of the case whether the breach of contract is so material as to Justify the injured party in refusing...breach of the entire contract, or whether the breach is severnble, giving rise to a claim for compensation, but not to a right to treat the whole contract... | |
 | Frederick Pollock - Law - 1888 - 516 pages
...the breach of contract is a repudiation of the whole contract, or whether it is a eeverable breach giving rise to a claim for compensation, but not to a right to rescind the whole contract.' The law cannot rest there, nor would the enactment of the clause in this... | |
 | James Mackintosh - Sales - 1892 - 312 pages
...the breach of contract is a repudiation of the whole contract, or whether it is a severable breach giving rise to a claim for compensation, but not to a right to treat the whole contract as repudiated. XXXIV. Delivery to carrier. — (1.) Where, in pursuance of a contract of sale, the seller... | |
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