 ... 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
 | New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1922 - 1050 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." This section has been interpreted in Helgar Corporation v. Warner's Features (222 NY 449, 453, 454)... | |
 | Briscoe Baldwin Clark - Contracts - 1922 - 1270 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." This provision requires the breach to be material to entitle either the seller or the buyer to rescind.61... | |
 | William Everett Britton, Ralph Stanley Bauer - Commercial law - 1922 - 1612 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.... | |
 | Samuel Williston - Contracts - 1922 - 1092 pages
...on the terms of the contract and the dreumstances of the case wlietlicr the broach of contract is so material as to justify the injured party in refusing...breach of the entire contract, or whether the breach is sevcrable, giving rise to a claim for compensation, but not to a right to treat the whole contract... | |
 | Law reports, digests, etc - 1922 - 1056 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...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... | |
 | New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1922 - 1074 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...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,... | |
 | Ernest Washington Chance - Commercial law - 1922 - 622 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 Delivery to authorised... | |
 | Henry Roscoe, James Sands Henderson - Actions and defenses - 1922 - 812 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." When the vendee becomes insolvent, and takes no steps to obtain delivery in performance... | |
 | Alberta - Law - 1922 - 1018 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. [CO 1898, c. 39, s. 30.] 31. — (1) Where in pursuance of a contract of sale the seller... | |
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