 | William Woodfall, Samuel Bealey Harrison, Henry Horn - Landlord and tenant - 1856 - 1138 pages
...by his own contract, creates a duty or charge upon himself, he is bound to make good his contract, notwithstanding any accident by inevitable necessity,...he might have provided against it by his contract. Formerly the Court of Chancery would have relieved the lessee, and would have granted an injunction... | |
 | Great Britain. Court of Common Pleas - Law reports, digests, etc - 1857 - 572 pages
...the justices, that they should not proceed in a cessavit, upon a cesser during the war. But, when the party, by his own contract, creates a duty or charge...he might have provided against it by his contract. And, therefore, if the lessee covenant to repair a house, though it be burnt by lightning, or thrown... | |
 | Alexander Ralston Tiffany - Justices of the peace - 1859 - 656 pages
...by his own contract, creates a duty or charge upon himself, he is bound to make it good, if he can, notwithstanding any accident by inevitable necessity;...he might have provided against it by his contract. And, therefore, if a lessee covenant to repair a house, though it be destroyed by lightning, yet he... | |
 | Theophilus Parsons - Admiralty - 1859 - 846 pages
...a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any aceident by inevitable necessity, because he might have provided against it by his contract.' " Sce also, Naylor v. Taylor, 9 B. & C. 718. * Avery F. Bowden, 5 Ellis & B. 714, 33 Eng. L. & Eq.... | |
 | John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1859 - 518 pages
...repair. The sum mentioned in this rule is the amount deducted by the VOL. III. N. 6.—9 J dent or inevitable necessity, because he might have provided against it by his contract."] The true answer to this rule, however, is, that the court has no jurisdiction in the matter. The parties,... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1867 - 664 pages
...perform it, without any default in him, and he has no remedy over, the law will excuse him ; but when the party, by his own contract, creates a duty or charge...he might have provided against it by his contract" In a case where a lessee binds himself, by express covenant, to pay the rent during the term, and there... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1872 - 640 pages
...default in him, and hath no remedy over, then the law will excuse him ; but when the party by his o\vn contract creates a duty or charge upon himself, he...he might have provided against it by his contract. 7 Term Rep. 267. In the case of Hndley v. Clarke, 7 Term, 259, the contract was to carry the goods,... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1874 - 662 pages
...the party, by his own contract, creates a duty or chargc upon himself, he is bound to make it good, notwithstanding any accident by inevitable necessity,...he might have provided against it by his contract," and cites 2 Wm. Saund. 422 a, note 2. The reason given for the rule is, that when, if an event happen... | |
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But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract. 
