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...continuing existence as the foundation of what was to be done, thene, 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." See, also, Woinack v. McQnarry, 28 Ind. 103, 92 Am. Dec. 306; Jamieson...

...then, in the absence of any warranty that the thing shall exist, the contract is to be construed not as a positive contract, but as subject to an implied...before breach performance becomes impossible from the accidental perishing of the thing without the fault of either party." Hawkes v. Keboe, 193 Mass. 419,...

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...particular thing specified therein continued to exist, the contract is not to be construed as positive, but as subject to an implied condition that the parties shall be excused if such existence ceases; and if that principle holds good where the thing has never existed, the situation...

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...the foundation of what was to be done, then in the absence of any express or implied warranty that a thing shall exist, the contract is not to be construed as a positive contract, but is subject to an implied condition that the party shall be excused in case, before breach, the contract...

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...continuing existence as the foundation of what there was to be done ; there, in the absence of any express or implied warranty that the thing shall exist, the...case, before breach, performance becomes impossible by the perishing of the thing without default of the contractor." This principle applies not only to...