...if a prison be destroyed by tempest or enemies the gaoler is excused, 33 Hen. 6, c. 1 ; but when the party by his own contract creates a duty or charge...necessity, because he might have provided against it by his contract." [Alderson, B. — Here is a quantity of water in the defendants' mine, which it is his duty...

...case of waste, if a house be destroyed by tempest, or byenemies, the lessee is excused. But when the party by his own contract creates a duty or charge...it good, if he may, notwithstanding any accident by me vi table necessity ; because he might have provided against it by his contract And, therefore, if...

...was abolished (2) 6 Ed. 1. c. 5. by 3 & 4 W. 4. c. 27. ><. 36. (r) The writ of waste was abolished _~ charge upon himself, he is bound to make it good,...necessity, because he might have provided against it by his contract " (z) . Upon this principle, it has been held (a), that if a party covenant to repair under...

...Etttnborough in Atkinson v. Ritchie,™ that when the party by hie own contract creates a duty or charge on himself, he is bound to make it good, if he may, notwithstanding...necessity, because he might have provided against it by his contract. Pattfson, 3. The defendant clearly does not come within the exception contained in the bill...

...it without any default in him, and hath no remedy over there, the law will excuse him ; but when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, notwithstanding any accident by inevitable necessity, because he might have provided against it by...

...be engrafted upon it bj implication, as an excuse for its performance (9). The rule is clear, that, where a party by his own contract creates a duty or charge upon himself, he is bound ui make it good, if he may ; notwithstanding any accident by inevitable necessity ; because he might...

...perform it, without any default in in him, and has no remedy over, then the law will excuse him. But when a party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, notwithstanding any accident by inevitable necessity. See opinion of Rogers, J., in Hand r. Bayncs,...

...express promise by a private carrier to and has no remedy over, then the law will excuse him. But when a party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, notwithstanding any accident by inevitable necessity. See opinion of Rogers, J., in Hand v. Baynes,...

...him, as in waste, if a house be destroyed by tempest or enemies, the lessee is excused. But when the party by his own contract, creates a duty or charge upon himself, he is bound to make it good, notwithstanding any accident by inevitable necessity, because he ought to have provided against it...

...case of waste, if a house be destroyed by tempest, or by enemies, the lessee is excused. But when the party by his own contract creates a duty or charge upon himself, he is 1 Jones on Bailm. 43, 44, 45. a Doct. and Stud. Dial. 2, ch. 38 ; Ante, § 35. 3 2 Ld. Raym. 909, 911,...