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" ... 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 against it by his contract. "
Reports of Cases Heard and Determined in the Appellate Division of the ... - Page 547
by New York (State). Supreme Court. Appellate Division - 1921
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Digested Index to the Term Reports

Sir Thomas Edlyne Tomlins - Law reports, digests, etc - 1812 - 736 pages
...disabled to perform it without any default in him, the law will excitse him : but when the party by hi own contract creates a duty or charge upon himself, he is bound to make il good, notwithstanding aiij accident by inevitable necessity. 6' TR 7 ¿ 1 4. Covenant in a...
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A Digested Index to the Modern Reports, of the Courts of Common ..., Volume 1

Nicholas Baylies - Law reports, digests, etc - 1814 - 576 pages
...party is disabled to perform it U'ithout any default in him, the law will excuse him : but when the party by his own contract creates a duty or charge upon himself, he is bound to make it good notwithstanding any accident by inevitable necessity. 6 Term Rep. 751. 5 Covenant in a...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 3

Great Britain. Court of Common Pleas, Great Britain. Court of Exchequer Chamber, Great Britain. Parliament. House of Lords - Law reports, digests, etc - 1814 - 696 pages
...therefore is excufed; for the rule of law, as laid down in Para dine v. Jane; Ahyn, 27. is, that " when a party by „ his own contract creates a duty or charge upon himfelf, he is bound to make it good, if he may, notwith (land ing any accident by inevitable necelfity,...
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A Treatise on Equity: With the Addition of Marginal References and ..., Volume 1

Henry Ballow, John Fonblanque - Equity - 1820 - 492 pages
...case of waste, if a house be destroyed by tempest, or by enemies, the lessee is excused. But when the party, by his own contract, creates a duty or charge upon himself, he is bound to make it good if he can notwithstanding any accident by inevitable necessity, because he might have...
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Elements of Conveyancing: With Cursory Remarks Upon the Study of ..., Volume 4

Charles Barton - Conveyancing - 1821 - 586 pages
...party is disabled to perform it without any default in him, the law will excuse hini ; but, when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, notwithstanding an accident by inevitable necessity. Hence, a lessee, who covenants generally...
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ELEMENTS OF CONVEYANCING

CHARLES BARTON - 1821 - 580 pages
...party is disabled to perform it without any default in him, the law will excuse him; but, when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, notwithstanding an accident by inevitable necessity. Hence, a lessee, who covenants generally...
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The Law of Landlord and Tenant: To which is Added an Appendix of Precedents

William Woodfall - Landlord and tenant - 1822 - 722 pages
...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 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...
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Reports of Cases Argued and Determined in the Court of Common ..., Volume 3

Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - Law reports, digests, etc - 1826 - 706 pages
...therefore is excused; for the rule of tew, as laid down in Parading v. Jane, Aleyn, 27. is, that " when a 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...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 3

Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - Law reports, digests, etc - 1826 - 708 pages
...therefore is excnsed; for the rule of law, as \rnOt down in Paradine v. Jane, Alet/n, 27. is, that " when a 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...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volume 4

Peyton Randolph, Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1827 - 776 pages
...there the law will excuse him; as in case of waste, if a house be destroyed by tempest or enemies. But, when a 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; as if a tenant covenants...
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