 ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.  The Central Law Journal - Page 1811908Full view - About this book
 | United States. Congress. Senate - United States - 1856 - 594 pages
...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, if he may, notwithstanding any accident by inevitable necessity, because... | |
 | Great Britain. Court of Common Pleas - Law reports, digests, etc - 1857 - 572 pages
...the justices, that they should not proceed in a cessavit, upon a cesser during the war. But, when the party, by his own contract, creates a duty or charge...; because he might have provided against it by his contract. And, therefore, if the lessee covenant to repair a house, though it be burnt by lightning,... | |
 | Alexander Ralston Tiffany - Justices of the peace - 1859 - 656 pages
...perform it, without any default in him, and he has no remedy over, 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, if he can, notwithstanding any accident by inevitable necessity; because he might have provided against it... | |
 | Theophilus Parsons - Admiralty - 1859 - 846 pages
...down in Panwline v. Jane, Aleyn, 26, applies, namely, ' That when a party by his own contract ereates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any aceident by inevitable necessity, because he might have provided against it by his contract.' " Sce... | |
 | John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1859 - 518 pages
...J.—Paradine v. Jane, Aleyn 27, seems to show -that the deduction was properly made; for, " when the party by his own contract creates a duty or charge upon himself, he *1931 *' s bo un d to ma k fi 't goo(l, if he may, notwithstanding any acciJ he had made a mistake,... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1867 - 664 pages
...perform it, without any default in him, and he has no remedy over, the law will excuse him ; but when the party, by his own contract, creates a duty or charge...necessity, because he might have provided against it by his contract" In a case where a lessee binds himself, by express covenant, to pay the rent during the term,... | |
 | Charles Dickens - English literature - 1860 - 638 pages
...structure. " Where a party, by his own contract," said Lord Kenyon, on giving his decision in the case, "creates a duty or charge upon himself, he is bound to make it good if he :iir.v, because he might have guarded against it by his contract." So also, in another old case, the... | |
 | Great Britain. Court of King's Bench, Thomas Flower Ellis, Colin Blackburn Baron Blackburn, Francis Ellis - Law reports, digests, etc - 1860 - 1150 pages
...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 1858. bound to tnakc it good, if he may, notwithstanding HAIL &n y accident by inevitable necessity,... | |
 | Great Britain. Court of King's Bench, Thomas Flower Ellis, Colin Blackburn Baron Blackburn, Francis Ellis - Law reports, digests, etc - 1860 - 1150 pages
...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 (a) 2 F>ake't NPC 103. (6) Aley*, 26. 1858. bound to make it good, if he may, notwithstanding HALL... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1872 - 640 pages
...default in him, and hath no remedy over, then the law will excuse him ; but when the party by his o\vn contract creates a duty or charge upon himself, he...necessity, because he might have provided against it by his contract. 7 Term Rep. 267. In the case of Hndley v. Clarke, 7 Term, 259, the contract was to carry... | |
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