 ... 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 3581925Full view - About this book
 | Law - 1919 - 502 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. Section XL VI. (1) Where, in pursuance of a contract to sell or a sale, the seller is authorized or... | |
 | Law reports, digests, etc - 1919 - 1102 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...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,... | |
 | Newfoundland - Law - 1919 - 800 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... | |
 | William Mark McKinney, Burdett Alberto Rich - Law - 1919 - 1606 pages
...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... | |
 | Law reports, digests, etc - 1920 - 1168 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." 175 NW— 18 The contract between the parties provides: "Each shipment to be treated for the purpose... | |
 | Samuel Williston - Contracts - 1920 - 1254 pages
...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... | |
 | Freeland Gotwalts Hobson, John Weiler Bickel, Abraham Hunsicker Hendricks, Albert Rosenberger Place, Nelson P. Fegley - Law reports, digests, etc - 1920 - 384 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." There is, in this case, no dispute as to the terms of the contract, or concerning knowledge by the... | |
 | Charles Thaddeus Terry - Uniform state laws - 1920 - 708 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).... | |
 | John T. Fitzpatrick - Domestic relations - 1920 - 660 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... | |
 | Samuel Williston - Contracts - 1920 - 1254 pages
...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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