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" ... 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 356
1925
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Public Acts of the Legislature of the State of Michigan

Michigan - Law - 1913
...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 severablc, giving rise to a claim for compensation, but not to a right to treat the whole contract...
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The Law of Sales of Personal Property

Francis Marion Burdick - Sales - 1913 - 407 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. 32. — (1.) Where, in pursuance of a contract of sale, the seller is authorized or required...
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Reports of Cases Argued and Determined in the Courts of Appeals ..., Volume 13

Law reports, digests, etc - 1921
...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." There is no time fixed by the contract for the payment of the goods. Section 8422, General Code, provides:...
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Statutes of the State of Nevada Passed at the ... Session of the Legislature

Nevada - Session laws - 1915
...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. Delivery to a Carrier on Behalf of the Buyer. SEC. 46. (1) Where, in pursuance of a contract to sell...
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Laws of the State of Illinois Enacted by the General Assembly

Illinois - Law - 1915
...circumstances of the case, whether the breach of contract is so material as to justify the injured part} 7 in refusing to proceed further and suing for damages...to a right to treat the whole contract as broken. 46. DELIVERY TO A CARRIER ON BEHALF OF THE BUYER.] (1) Where, in pursuance of a contract to sell...
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The New York Supplement

Law reports, digests, etc - 1916
...the breach of contract is so material as to justify the injured party in refusing to proceed and sue for damages for breach of the entire contract, or whether the breach is or other cases see same topic & KEY-NUMBER In all Kcy-Numbereii Digests; & ludexer separable, giving...
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General Laws of the State of Minnesota

Minnesota - Session laws - 1917
...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. Sec. 46. Delivery to a carrier on behalf of the buyer.—(1) Where, in pursuance of a contract to sell...
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Laws passed at session of the legislative assembly of the state of north dakota

1917
...the terms of the contract and the circumstances of the case, whether the breach of the contract is so material as to justify the injured party in refusing...to a right to treat the whole contract as broken. 46. DELIVERY TO A CARRIER ON BEHALF OF THE BUYER.] (1) Where, in pursuance of a contract to sell...
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Massachusetts Reports, Volume 226

Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1917
...which there was evidence, was to be paid for separately, the breach caused by the alleged shortage is severable "giving rise to a claim for compensation,...to a right to treat the whole contract as broken." Stewart v. Thayer, 168 Mass. 519. St. 1908, c. 237, 45. Barlow Manuf. Co. v. Stone, 200 Mass. 158,...
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Public Acts of the State of Tennessee Passed by the General Assembly

Tennessee - Law - 1919
...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. SEC. 46. Be it further enacted, That : (Delivery to Delivery to a carrier on behalf of the buyer.)...
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