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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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Library of American Law and Practice: Personal property. Contracts ...

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. Section XL VI. (1) Where, in pursuance of a contract to sell or a sale, the seller is authorized or...
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The New York Supplement

Law reports, digests, etc - 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...claim for compensation, but not to a right to treat tne whole contract as broken." [3] The first part of this statute is simply permissive; it is not mandatory,...
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Ruling Case Law: As Developed and Established by the Decisions ..., Volume 24

William Mark McKinney, Burdett Alberto Rich - Law - 1919
...the breach of contract is a repudiation of the whole contract, or whether it is a se'verable breach giving rise to a claim for compensation, but not to a right to treat the whole contract as repudiated." " And a somewhat similar provision is included in the uniform sale of goods act enacted...
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The Northwestern Reporter, Volume 175

Law reports, digests, etc - 1920
...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." 175 NW— 18 The contract between the parties provides: "Each shipment to be treated for the purpose...
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The Law of Contracts, Volume 2

Samuel Williston - Contracts - 1920
...on the terms of the contract and the circumstances of the case, whether~Tne breach of contract is so material as to justify the injured party in refusing...to a right to treat the whole contract as broken." 66 This rule makes the obligation of the innocent 16 Sec. 45. This section is based on section 31 of...
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Montgomery County Law Reporter, Volume 36

Freeland Gotwalts Hobson, John Weiler Bickel, Abraham Hunsicker Hendricks, Albert Rosenberger Place - Law - 1920
...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." There is, in this case, no dispute as to the terms of the contract, or concerning knowledge by the...
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Uniform State Laws in the United States

Charles Thaddeus Terry - Electronic books - 1920 - 688 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. E. 461; Marrone v. Engel (191Я 171 NY S<ipp. 47; Hoffman Bros. Produce Co. v. IV Horn Co. (1916)....
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Bender's Selected Statutes of the State of New York as Amended to Close of ...

John T. Fitzpatrick - Domestic relations - 1920 - 637 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. (Added by L. 1911, ch. 571, in effect Sept. 1, 1911.) • 127. Delivery to a carrier on behalf of the...
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The Law of Contracts, Volume 2

Samuel Williston - Contracts - 1920
...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." The reasons for changing the English provision will appear in the criticisms made, supra,...
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Bailments, Carriers and Sales: With Questions, Problems and Forms ..., Book 3

Alfred William Bays - Bailments - 1920 - 214 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 proceed further and sue for damages for breach of the entire contract, or whether the breach is severable, giving rise...
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