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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 of the Parliament of South Australia

South Australia - Law - 1896
...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. Delivery to carrier. Ib., sec. 32. Risk where goods are delivered at distant place. Ib.,...
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Report of the ... Annual Meeting of the American Bar Association, Volume 46

American Bar Association - Bar associations - 1921
...on the terms of the contract and the circumstances of the case, whether the hreach of contract is so material as to justify the injured party in refusing to proceed further and suing for damages for hreach of the entire contract, or whether the hreach is severahle, giving rise to a claim for compensation,...
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Journal of the Institute of Bankers, Volume 12

Institute of Bankers (Great Britain) - Banks and banking - 1891
...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 put an end to the whole contract. 35. Di-lirery to carrier. — (1.) Where, under a contract of sale,...
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The Northeastern Reporter, Volume 119

Law reports, digests, etc - 1918
...on the terms of the contract and the circumstances of the case whether the breneh of contract is so material as to justify the injured party in refusing...the breach is severable, giving rise to a claim for comnensation, but not to a right to treat the whole contract as broken." The statute thus establishes...
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Atlantic Reporter, Volume 90

Law reports, digests, etc - 1914
...the contract and circumstances of the case whether the breach of contract as to one installment is so material as to justify the injured party in refusing to proceed further, to justify the seller in refusing to proceed further with defendant's contract. [Ed. Note. — For...
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Atlantic Reporter, Volume 82

Law reports, digests, etc - 1912
...to deliver goods by installments, by reason of defective delivery of one or more installments, is so material as to justify the injured party in refusing to proceed further is a question of fact, and a plea setting up the breach must aver its materiality. [Ed. Note.— For...
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The New York Supplement, Volume 189

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 a right to treat the whole contract as broken." Assuming that there was unreason able .del ay in sending shipping instructions and making demand for...
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The New York Supplement

Law reports, digests, etc - 1918
...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 severnble, giving rise to a claim for compensation, but not to a right to treat the whole contract...
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The Law Quarterly Review, Volume 4

Frederick Pollock - Law - 1888
...the breach of contract is a repudiation of the whole contract, or whether it is a eeverable breach giving rise to a claim for compensation, but not to a right to rescind the whole contract.' The law cannot rest there, nor would the enactment of the clause in this...
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The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1

James Mackintosh - Sales - 1892 - 272 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. XXXIV. Delivery to carrier. — (1.) Where, in pursuance of a contract of sale, the seller...
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