 If the insured cannot bring himself within the conditions of the policy, he is not entitled to recover for the loss. The terms of the policy constitute the measure of the insurer's liability, and in order to recover, the assured must show himself within...  The South Western Reporter - Page 551920Full view - About this book
 | Law reports, digests, etc - 1904 - 1108 pages
...insurer's liability, and, in order to recover, the assured must show himself within those terms ; and if it appears that the contract has been terminated by the violation on the purt of the assured of its conditions, then there can be no right of recovery. The compliance of the... | |
 | Law reports, digests, etc - 1910 - 1168 pages
...rule in Imperial Fire Ins. Co. v. Coos County, 151 US 4U2, 14 Sup. Ct 379, 38 L. Ed. 231, and says: "If it appears that the contract has been terminated...conditions, then there can be no right of recovery." We have been furnished with a certified copy of the opinion of Judge Whitson in Port Blakely Mill Co.... | |
 | Law reports, digests, etc - 1895 - 1168 pages
...recover, the insured must show himself within tnose terms; to other words, that compliance of the insured with the terms of the contract is a condition precedent to the right to recover. The respondents seek to draw a distinction between a contract with an accompanying provision... | |
 | Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - Law reports, digests, etc - 1917 - 912 pages
...production by the builder of the architect's certificate of the completion of the building in accordance with the terms of the contract is a condition precedent to the recovery of the contract price from the owner, the fraudulent withholding of such certificate by the... | |
 | Edward Avery Harriman - Contracts - 1896 - 404 pages
...delivered in instalments and paid for upon or after delivery, tender of each instalment in accordance with the terms of the contract is a condition precedent to the vendee's obligation to accept such instalment.8 So also readiness and willingness to accept the goods... | |
 | Appellate courts - 1897 - 1088 pages
...insurer's liability, and. in order to recover, the assured must show himself within those terms; and if It appears that the contract has been terminated...the assured has violated or failed to perform the condition* of the contract, and such violation or want of performance has not been waived by the insurer,... | |
 | Appellate courts - 1897 - 808 pages
...insurer's liabilitv, and, in order to recover, the insured must show himself within those terms; and if it appears that the contract has been terminated...precedent to the right of recovery. If the assured had violated or failed to perform the conditions of the contract, and such violation or want of performance... | |
 | United States. Supreme Court - Law reports, digests, etc - 1899 - 794 pages
...insurer's liability, and in order to recover, the assured must show himself within those terms; and if it appears that the contract has been terminated by the violation on the^art of the assured, of its conditions, then there can be no right of recovery. The compliance of... | |
| |
