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" ... it depends in each case on the terms of the contract and the circumstances of the case... "
The New York Supplement - Σελίδα 651
1918
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Acts of the Parliament of South Australia

South Australia - 1896 - 230 σελίδες
...refuses to take delivery of or pay for one or more instalments, it is a question in each case depending on the terms of the contract and the circumstances of the case 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...

Journal of the Institute of Bankers, Τόμος 12

Institute of Bankers (Great Britain) - 1891 - 840 σελίδες
...refuses to take delivery of or pay for one or more instalments, it is a question in each case depending on the terms of the contract, and the circumstances of the case, 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...

Report of the ... Annual Meeting of the American Bar Association, Τόμος 46

American Bar Association - 1921 - 1066 σελίδες
...the huyer neglects or refuses to take delivery of or pay for one or more instalments, it depends in each case 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...

The Northeastern Reporter, Τόμος 119

1918 - 1142 σελίδες
...the breach of an installment contract is so material as to affect the contract as a whole depends in each case on the terms of the contract and the circumstances of the case, to make such a showing as to warrant a rescission of the entire contract, it was error to allow damages...

Atlantic Reporter, Τόμος 82

1912 - 1182 σελίδες
...defective deliveries In respect of one or more installment«, it depends upon the terms of the contract nnd the circumstances of the case whether the breach of...the injured party in refusing to proceed further, or whether the breach is severable, giving rise to a claim for compensation, but not to a right to...

Atlantic Reporter, Τόμος 90

1914 - 1164 σελίδες
...of 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...

The Law Quarterly Review, Τόμος 4

Frederick Pollock - 1888 - 516 σελίδες
...authorities as they stand, does not commit himself to any theory. 'It is a question in each case depending on the terms of the contract, and the circumstances of the case, whether the breach of contract is a repudiation of the whole contract, or whether it is a eeverable breach giving rise to a claim for...

Pump Court: The Temple Newspaper and Review, Τόμος 9

1889 - 202 σελίδες
...refuses to take delivery of or pay for one or more instalments, it is a question in each case depending on the terms of the contract, and the circumstances of the case, 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...

The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1

James Mackintosh - 1892 - 300 σελίδες
...refuses to take delivery of or pay for one or more instalments, it is a question in each case depending on the terms of the contract and the circumstances of the case, 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...

A Commentary on the Sale of Goods Act, 1893: With Illustrative Cases and ...

Walter Charles Alan Ker - 1894 - 436 σελίδες
...refuses to take delivery of or pay for one or more instalments, it is a question in each case, depending on the terms of the contract and the circumstances of the case, 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...




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