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" ... where a contract is made with reference to certain anticipated circumstances, and where, without any default of either party, it becomes wholly inapplicable to or impossible of application to any such circumstances, it ceases to have any application;... "
Reports of Cases Decided by the English Courts: With Notes and References to ... - Σελίδα 278
των Nathaniel Cleveland Moak - 1878
Πλήρης προβολή - Σχετικά με αυτό το βιβλίο

The Pacific Reporter, Τόμος 158

1916
...of the crop grown to be placed in the silo because of the delay may reasonably be supposed to have been in the contemplation of the parties when the contract was made, and for this loss the seller is liable. [Ed. Note. — For other cases, see Sales, Cent. Dig. § 1197...

Montgomery County Law Reporter, Τόμος 18

Freeland Gotwalts Hobson, John Weiler Bickel, Abraham Hunsicker Hendricks, Albert Rosenberger Place - 1902
...the receipt by the insured, the burden is a serious one and necessarily very expensive. Such a burden could not have been in the contemplation of the parties when the contract was made. Except as to commercial paper there is no presumption of law that a letter mailed has been received...

A Treatise on the Law of Fire Insurance Adapted to the Present ..., Τόμος 1

Horace Gay Wood - 1886
...literal compliance with the said provisions of the policy concerning1 buckets, was not required and could not have been in the contemplation of the parties when the policy was made, but all that was required by the plaintiff in order to comply with such stipulation...

Atlantic Reporter, Τόμος 44

1900
...the direct and proximate consequence of the breach, aud so connected with the stipulation as to have been in the contemplation of the parties when the contract was made. Express Co. v. Egbert, 36 Pa. St 3GO; Billmeyer v. Wagner, Ul Pa. St. 92. In the opinion in the case...

The Ontario Reports: Containing Reports of Cases Decided in the ..., Τόμος 13

1887
...rates. It was mentioned merely incidentally. The defendant is only liable for such damages as may have been in the contemplation of the parties when the contract was made: Ruthven Woollen Co. \: Great Western RW Co., 18 CP 316; Hadleyv. Boxendale, 9 Ex. 341; Home v. Midland...

A Digest of All the Reported Decisions of the Superior Courts, from 1884 to ...

John Mews - 1889 - 58 σελίδες
...part of the plaintiff, it ceases to have any application : it cannot be applied to other circumstances which could not have been in the contemplation of the parties when the contract was made. ВмЬ. v. Whitehaven Trustees, 52 JP 392— D. B. contracted with W. in the month of June to lay a...

The American State Reports: Containing the Cases of General Value ..., Τόμος 10

Abraham Clark Freeman - 1890
...are the natural and proximate result of the company's default, and may be fairlyconsidered to have been in the contemplation of the parties when the contract was made: Parti v. Alia California Tel. Co., 13 Cal. 422; 73 Âm. Dec. 689; Wattern union Tel. Co. v. Graham,...

The Law of Building, Engineering, and Ship Building Contracts: And ..., Τόμος 2

Alfred Arthur Hudson - 1895
...such circumstances, it ceases to have any applica" tion ; it cannot be applied to other circumstances which could not have "been in the contemplation of the parties when the contract was made." Now what were the circumstances when the contract was made ? It was a contract made in August to run...

Reports of Cases Argued and Determined in ..., Τόμος 47,Μέρος 2,Σελίδες 959-1838

Louisiana. Supreme Court - 1896
...the reason they did not have them in stock. All the items of damage above referred to were not, and could not have been, in the contemplation of the parties when the contract was entered into, and they are not the immediate and proximate consequence of the violation of the...

Decisions of the Comptroller of the Treasury, Τόμος 2

United States. Comptroller of the Treasury - 1896
...construed to have reference to the particular contingency which happened and which could hardly have been in the contemplation of the parties when the contract was made. (Chicago, etc., Ry. Go. v. Hoyt, 149 U. 8., 1-15.) I am therefore of the opinion that that clause of...




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