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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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The Law of Sales

John Barker Waite - Electronic books - 1921 - 385 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 46. — Delivery to a Carrier on Behalf of the Buyer. — (1.) Where, in pursuance of a contract...
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Reports of Cases Heard and Determined in the Appellate Division ..., Volume 196

New York (State). Supreme Court. Appellate Division - 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...rise to a claim for compensation, but not to a right First Department, April, 1921. [VoL 196 to treat the whole contract as broken." This subdivision was...
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Annual Report of the American Bar Association: Including ..., Volume 46

American Bar Association - Bar associations - 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...breach of the entire contract, or whether the breach is eeveruble, giving rise to a claim for compensation, but not to a right to treat the whole contract...
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Session Laws

South Dakota - Session laws - 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 and suing for damage for breach of the entire contract, or whether the breach is severable, giving rise to a claim...
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The New York Supplement

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," and, since to establish its' cause of action the plaintiff must prove that the defendants were not justified...
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Ohio Circuit Court Reports: New Series, Volume 31

Ohio. Circuit Court - 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 GC, provides: "Unless...
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Reports of Cases Heard and Determined in the Appellate Division ..., Volume 200

New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1922
...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." This section has been interpreted in Helgar Corporation v. Warner's Features (222 NY 449, 453, 454)...
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Cases on Business Law

William Everett Britton, Ralph Stanley Bauer - Commercial law - 1922 - 1563 pages
...and the circumstances of the case whether the breach of contract is so material as to justify tfie injured party in refusing to proceed further and suing...to a right to treat the whole contract as broken." Uniform Sales Act, 45, subd. 2. The statute thus establishes a like test for vendor and for vendee....
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2 years transportation progress, Volume 192

1922
...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...for damages for breach of the entire contract, or whothc'r the breach is severable, giving rise to a claim for compensation, but not to a right to treat...
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Reports of Cases Heard and Determined in the Appellate Division ..., Volume 197

New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1922
...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...proceed further and suing for damages for breach of j;he entire contract, or whether the breach is severable, giving rise to a claim for compensation,...
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