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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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Acts and Resolves Passed by the ... Legislature of the State of Maine

Maine - Session laws - 1923
...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. CHAP. 191 is deemed to be a delivery of the goods to the buyer, except in the cases provided for in...
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Cases on Commercial Law: General Survey, Contracts, Agency, Bailments, Sales ...

Alfred William Bays - Commercial law - 1923 - 1536 pages
...on the terms of the contract and the circumstances of the case whether the breach of contract is so By any agreement binding upon the holder to extend...right to enforce the instrument, unless made with th scverable, giving rise to a claim for compensation, but not to a right to treat the whole contract...
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Atlantic Reporter, Volume 82

Law reports, digests, etc - 1912
...upon 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, or whether the breach is severable, giving rise to a claim for compensation, but not to a right to...
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McKinney's Consolidated Laws of New York Annotated: With ..., Book 40

New York (State) - Law - 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. New. Added by L. 1911, ch. 571. Commissioners' note.—" This section is slightly altered from section...
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The Lehigh County Law Journal: Containing Cases Decided in the ..., Volume 9

Law - 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." There is, in this case, no dispute as to the terms of the contract, or concerning knowledge by the...
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Statutes and Amendments to the Codes of the Territory of Guam: First Guam ...

Guam - Law - 1952 - 364 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 to...
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Ordinances of the Northwest Territories, Canada

Northwest Territories - 1895
...whether the breach of contract is a repudiation of the whole contract or whether it is a severahle breach giving rise to a claim for compensation but not to a right to treat the whole contract as repudiated. to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for...
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The Sale of Goods

Michael G. Bridge - Sales - 1998 - 614 pages
...circumstances of the case whether the breach is a repudiation of the whole contract or a severable breach giving rise to 'a claim for compensation but not to a right to treat the whole contract as repudiated'. The section applies the same rule where the buyer does not take delivery or pay for the...
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Statutes on International Trade 3/e

Carr, Richard Kidner - Law - 2000 - 810 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. Delivery to carrier (1) Where, in pursuance of a contract of sale, the seller is authorised...
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Consumer Sales Law

John MacLeod - Consumer protection - 2002 - 900 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. In the case of short delivery in one instalment, this provision appears to overlap with,...
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