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" ... in the absence of any express or implied warranty that the thing shall exist, the contract is not to be construed as a positive contract, but as subject to an implied condition that the parties shall be excused in case, before breach, performance... "
The Law Times - Pagina 44
1869
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1866
...in the early part of the same judgment, where the Court says that, " in the absence of any express or implied warranty that the thing shall exist," the...contract is not to be construed as a positive contract, or subject to an implied condition that the parties shall be excused by the perishing of the thing...
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Reports of Cases Argued and Determined in the Court of Queen's ..., Volume 3

Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - 1864
...continuing existence as the foundation of what was to be done; there, in the absence of any express or implied warranty that the thing shall exist, the...a positive contract, but as subject to an implied con(a) 2 Wmt. Sound. 421 a. 6th ed. (A) KB f E. 746. 1863. Jfdition that the parties shall be excused...
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The Weekly Notes, Volume 9

Frederick Pollock - 1874
...the contract must be taken to be-subject to the implied condition that the seller shall be excused if before breach performance becomes impossible from the perishing of the thing without default in the seller. Attorneys for plaintiff: Monckton & Co., for Ai/li/, Holbeach. Attorneys for defendant:...
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Reports of Cases Argued and Determined in the Court of Common Pleas: And the ...

Great Britain. Court of Common Pleas, Octavian Baxter Cameron Harrison, Henry Rutherfurd - 1868 - 928 pagina’s
...that, " in the absence 1 866. of any express or implied warranty that the thing shall exist," Ari'LEBi the contract is not to be construed as a positive...implied condition that the parties shall be excused by the perishing of the thing before breach. By the agreement between these parties, the machinery...
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Reports of Cases Argued and Determined in the Court of Common Pleas: And the ...

Great Britain. Court of Common Pleas, Octavian Baxter Cameron Harrison, Henry Rutherfurd - 1868 - 928 pagina’s
...the thing shall exist," APPLEBT tne contract is not to be construed as a positive contract, MYERS ^ as subject to an implied condition that the parties shall be excused by the perishing of the thing before breach. By the agreement between these parties, the machinery...
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The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Volume 25

1882
...continuing existence as the foundation of what was to be done, there, in the absence ot any express or implied warranty that the thing shall exist, the...impossible from the perishing of the thing without the default of the contractor." In the case at bar, as stated, Cook, Brown & Co. were not to do any...
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The Canada Law Journal, Volume 7

1872
...continuing existence as the foundation of what was to be done: there, in the absence of any express or implied warranty that the thing shall exist, the contract is not bu COM-trued as a positive contract, but as subject to an implied condition that the parties shall...
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The Indian Contract Act, Act IX of 1872: With a Commentary, Critical ...

India, Charles Colin Macrae - 1874 - 232 pagina’s
...continuing existence as the foundation of what was to be done ; there, in the absence of any express or implied warranty that the thing shall exist, the...impossible from the perishing of the thing without the default of the contractor." Such condition is implied in contracts in which the performance depends...
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The Central Law Journal, Volume 43

1896
...continued existence ag the foundation of what was to be done, there, in the absence of any express or Implied warranty that the thing shall exist, the...implied condition that the parties shall be excused In cast), before breach, performance becomes imposi-ible from the, perishing of the thing, without default...
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The Central Law Journal, Volume 86

1918
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