 | Sir Howard Warburton Elphinstone - 1900 - 612 σελίδες
...the lessee is of additional use, for the following reason : " Where the lawcreates a duty or charge, and the party is disabled to perform it, without any default in him, and hath no remedy over, there the law will excuse him. As in the case of waste, if the house be destroyed... | |
 | United States. Supreme Court - 1901 - 1556 σελίδες
...subject is well stated by Sergeant Williams, Walton v. Waterhouse, 2 Saund. 422, п., where he says: "When the law creates a duty, and the party is disabled to perform it without any default of him, and he has no remedy over, the law will excuse him ; as in waste, if a house be destroyed by... | |
 | 1901 - 754 σελίδες
...early case of Paradine v. Jane,8 where it is declared that " where the law creates a duty or charge and the party is disabled to ' perform it without any default in him, and hath no remedy over, there the law will excuse him. * * * But where the party by his own contract creates... | |
 | Henry John Wastell Coulson, Urquhart Atwell Forbes - 1902 - 782 σελίδες
...2!>4. 1 Brecknock \uriqutiun v. Pritchard, 7 TR 750 ; 3 RR 835. 1 Per counsel for the plaintiffs : — •The distinction taken in the books is • this...disabled to perform ' it without any default in him, and ho ' has no remedy over, the law will ' excuse him ; but when the party by ' his own contract creates... | |
 | 1903 - 1256 σελίδες
...contracts as they please, and the interference of third persccs will not excuse performance," and that "when the law creates a duty, and the party Is disabled...no remedy over, the law will excuse him. But when a party by his own contract creates a '•barge or duty upon himself, he Is bound to make it good,... | |
 | Samuel Williston - 1904 - 696 σελίδες
...insufficient. The material resolution of the court was, that " where the law creates a duty or charge, and the party is disabled to perform 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... | |
 | 1904 - 1114 σελίδες
...expired. There was no answer as to one quarter. The court said: "Where the law creates a duty or charge, and the party is disabled to perform it without any default in him, . . . there the law will excuse him; . . . but when the party by his own contract creates a duty or... | |
 | John Chipman Gray - 1905 - 726 σελίδες
...ought to pay his rent. And this difference was taken, that where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him. As in the case of waste, if a house be destroyed... | |
 | Alexander James Dallas - 1905 - 560 σελίδες
...Mason, 1 Paige 412. Pollard v. Shaffer. It is also agreed, that where the law creates a duty or charge, and the party is disabled to perform it, without any default in him, and hath no remedy over, there he shall be excused. As, in tne cases of waste against tenants in dower,... | |
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And this difference was taken, that where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him. 
