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" There seems no doubt that where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has become... "
Reports of Cases Argued and Determined in the Ohio Circuit Courts...: Ohio ... - Seite 632
von William John Tossell - 1915
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1866 - 932 Seiten
...and in delivering the judgment of the Court, Mr. Justice Blackburn says, " There seems no doubt that where there is a positive contract to do a thing not...in itself unlawful, the contractor must perform it or pay damages for not doing it, although, in consequence of unforeseen accidents, the performance...
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The Law Times, Band 46

1869 - 492 Seiten
...rich in learning. The learned judge there says (8 LT Rep. NS 357), "There seems to be no doubt that, where there is a positive contract to do a thing not...in itself unlawful, the contractor must perform it, or pay damages for not doing it, although, in consequence of unforeseen accidents, the performance...
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The Solicitors' Journal & Reporter, Band 13

1869 - 1110 Seiten
...LAW. PERFORMANCE OP CONTRACT BEJÍDEBED IMPOSSIBLE BY THE ACT OF GOD. Boatt v. Firth, CP 17 WR 29. " Where there is a positive contract to do a thing,...in itself unlawful, the contractor must perform it, or pay damages for not doing it, although in consequence of unforseen accidents the performance of...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Band 61

Illinois. Supreme Court - 1874 - 662 Seiten
...Justice BT-ACKBURN, in delivering the judgment of the court, said: "There seems to be no doubt that, where there is a positive contract to do a thing,...in itself unlawful, the contractor must perform it or pay damages for not doing it, although, in consequence of unforeseen accidents, the performance...
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The Weekly Reporter

1863 - 804 Seiten
...must depend upon the general rules of law applicable to such a contract. There seems no doubt that where there is a positive contract to do a thing not...in itself unlawful, the contractor must perform it or pay damages for not doing it, although, in consequence of unforseen accidents, the performance of...
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The New Reports, Containing Cases Decided in the Courts ..., Ausgabe 40,Band 2

1863 - 620 Seiten
...general rules of law applicable to such a contract. There seems to be no doubt that where there is л positive contract to do a thing not in itself unlawful, the contractor must perform it, or pay damages for not doing it, although in consequence of unforeseen accidents tho performance of...
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Reports of Cases Argued and Determined in the Court of Queen's Bench: And ...

Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - 1864 - 1042 Seiten
...alleging mala fides in the defendants, was no answer to the plea. Stadhard v. Lee and another, 364. V. Where there is a positive contract to do a thing,...in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of...
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English Reports Annotated, 1866-1900, Band 2,Teil 1

Maxwell Alexander Robertson - 1866 - 1190 Seiten
...and in delivering the judgment of the Court, Mr. Justice Blackburn says, " There seems no doubt that where there is a positive contract to do a thing not...in itself unlawful, the contractor must perform it or pay damages for not doing it, although, in consequence of unforseen accidents, the performance of...
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Reports of Cases Argued and Determined in the Court of Common Pleas ..., Band 50

Great Britain. Court of Common Pleas, Octavian Baxter Cameron Harrison, Henry Rutherfurd - 1868 - 1038 Seiten
...Caldwell (c), Blackburn, J., in delivering the judgment of the Court, says:—"There seems no doubt that where there is a positive contract to do a thing,...in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of...
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The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Band 25

1882 - 624 Seiten
...be disapproved. Upon principle as well as the authorities cited, we are induced to hold that — (1) Where there is a positive contract to do a thing,...in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents the performance of...
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