 | 1915 - 920 σελίδες
...such circumstance-!, 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." This principle has no application here. The only anticipated circumstances are the default or delay... | |
 | William Mark McKinney, Burdett Alberto Rich - 1915 - 1322 σελίδες
...dead child The reason why such damages are not generally recoverable is that they are too remote, and could not have been in the contemplation of the parties when the contract was made.10 But if a person contracts, upon a sufficient consideration, to do a particular thing, the... | |
 | Joseph Wheless - 1917 - 1112 σελίδες
...doubtful that its provisions will be limited to a restricted class of obligations presumed to have been in the contemplation of the parties when the contract was made. Fourth Nat. Bank of Nashville v. Stahlman, Same v. Nashville Banner Pub. Co. 132 Tenn. 367, 178 SW... | |
 | 1917 - 1088 σελίδες
...to the express terms of the contract, and to be relied on must be fully established, and must have been in the contemplation of the parties when the contract was made : Fairbanks, Lavender, & Son v. Low Bros.(l). There is nothing in the evidence to establish such a... | |
 | 1918 - 1116 σελίδες
...such circumstances, 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."" Here it could not possibly have been in the contemplation of the parties in March, 1914, that the tenant... | |
 | Samuel Williston - 1922 - 1092 σελίδες
...such circumstances, 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." If these words of Brett J. are to be applied to their widest, extent they may well effect a revolution... | |
 | 1905 - 946 σελίδες
...such circumstances, 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." The modern view is that the actual conditions of the moment, and the real difficulties to be then encountered,... | |
 | Massachusetts. Supreme Judicial Court - 1922 - 804 σελίδες
...of trade so that it could not be obtained at any price, was not reasonably to have been foreseen and could not have been in the contemplation of the parties when the contract was made. Ibid. In the above described action it also was held that the plaintiff was not entitled to damages... | |
 | Massachusetts. Supreme Judicial Court - 1922 - 806 σελίδες
...of trade so that it could not be obtained at any price, was not reasonably to have been foreseen and could not have been in the contemplation of the parties when the contract was made. Ibid. In the above described action it also was- held that the plaintiff was not entitled to damages... | |
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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;... 
