 | Judah Philip Benjamin - Sales - 1868 - 748 pages
...to receive on his vessel goods already sent out of the country; and lex neminem ad vana cogit. 1 But a mere assertion that the party will be unable or...be a distinct and unequivocal absolute refusal to perform the promise, and must be treated and acted upon as such by the party to whom the promise was... | |
 | United States. Supreme Court - Law reports, digests, etc - 1873 - 740 pages
...one, on " The law of sales of personal property," lays down the rule on this subject as follows : " A mere assertion that the party will be unable, or...be a distinct and unequivocal absolute refusal to perform the promise, and must be treated and acted upon as such by the party to whom the promise was... | |
 | Judah Philip Benjamin - Sales - 1877 - 984 pages
...on his vessel goods already sent out of the country ; and lex neminem ad vana cogit. (w) § 568. But a mere assertion that the party will be unable or...refuse to perform his contract, is not sufficient ; it jjere as. must be a distinct and unequivocal absolute refusal to tj^10" perform the promise, and must... | |
 | Judah Philip Benjamin - Les Salles-sur-Verdon (France) - 1881 - 1076 pages
...on his vessel goods already sent out of the country ; and lex neminem ad vana cogit. (M) § 568. But a mere assertion that the party will be unable or...refuse to perform his contract is not sufficient ; it Mere asmust be a distinct and unequivocal absolute refusal to that a perform the promise, and must... | |
 | Law reports, digests, etc - 1885 - 906 pages
...complete it; or he may treat the notice as a breach, and have his action at once. Frost v. Knight, L. R, 7 Exch., 112, 113. In Benjamin on Sales, p. 424, the...acted on as such by the party to whom the promise was made.1' I have given the result of these cases, because they go farther than any that I have seen in... | |
 | United States. Supreme Court - Law reports, digests, etc - 1886 - 788 pages
...quoted with approval the qualifications stated by Benjamin on Sales, 1st ed. 424, 2d ed. § 568, that " a mere assertion that the party will be unable, or...be a distinct and unequivocal absolute refusal to perform the promise, and must be treated and acted upon as such by the party to whom the promise was... | |
 | Electronic journals - 1886 - 968 pages
...breaches, uses the following language : " A mere assertion that the party will be nnable or will re fuse to perform his contract is not sufficient ; it must be a distinct and unequi™cal absolute refusal to perform the promise, and must be treated and v** upon as such by the... | |
 | Judah Philip Benjamin - Sales - 1888 - 1034 pages
...receive on his vessel goods already sent out of the country ; and lex neminem ad vana cogit.1 § 568. But a mere assertion that the party will be unable or...be a distinct and unequivocal absolute refusal to perform the promise, and must be treated and acted upon as such by the party to whom the promise was... | |
 | Ernest Wilson Huffcut, Edwin Hamlin Woodruff - Contracts - 1894 - 762 pages
...quoted with approval the qualification stated by Benjamin on Sales (1st ed. 424, 2d ed. § 568) that, " A mere assertion that the party will be unable, or...be a distinct and unequivocal absolute refusal to perform the promise, and must be treated and acted upon as such by the party to whom the promise was... | |
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Sales, 1st ed. 424, 2d ed. § 568, that " a mere assertion that the party will be unable, or will refuse to perform his contract, is not sufficient ; it must be a distinct and unequivocal absolute refusal to perform the promise, and must be treated and... 
