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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... "
Massachusetts Reports - Page 423
by Massachusetts. Supreme Judicial Court - 1907
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

Law reports, digests, etc - 1866
...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 unexpectedly burthensome or even impossible ; . . . but this rule is only applicable where the contract is positive...
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Law Times, the Journal and Record of the Law and Lawyers, Volume 46

Law - 1869
...not in itself unlawful, the contractor must perform it, or pay damages for not doing it, although, in consequence of unforeseen accidents, the performance...become unexpectedly burdensome, or even impossible. The law is so laid down in 1 Rolls Abr. ' Condition ' G. ; and in the notes to Walton v. Walerhousc,...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 61

Illinois. Supreme Court - Law reports, digests, etc - 1874
...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...become unexpectedly burdensome, or even impossible;" but takes the case out of the general rule on the ground that the parties in that case must have contracted...
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Reports of Cases Argued and Determined in the Court of Queen's ..., Volume 3

William Mawdesley Best, George James Philip Smith - Law reports, digests, etc - 1864
...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 unexpectedly burthensome or even impossible. The law is so laid down in 1 Roll. Abr. 450, Condition (G), and in...
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Reports of Cases Argued and Determined in the Court of Common Pleas: And the ...

Octavian Baxter Cameron Harrison, Henry Rutherfurd - Law reports, digests, etc - 1868 - 928 pages
...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 unexpectedly burthensome or even impossible." The principle of that case is in the Defendant's favour, and it shows...
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The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Volume 25

Law - 1882
...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...become unexpectedly burdensome or even impossible. (2) But this rule is only applicable when the contract is positive and absolute, and not subject to...
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Bombay High Court Reports: Reports of Cases Decided in the High Court of ...

Bombay (Presidency). High Court of Judicature - Law - 1872
...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...become unexpectedly burdensome, or even impossible. But this rule is only applicable when the contract is positive and absolute, and not subject to any...
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The Canada Law Journal, Volume 7

Law - 1872
...not in itself unlawful, the contractor must perform it or pay the damages for not doing it, although in consequence of unforeseen accidents the performance of his contract has become unexpectedly burthensome or even impossible." lie then goes on to say ; "But this rule is only applicable when the...
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The Central Law Journal, Volume 43

Law - 1896
...cootractor must perform it or pay damages for not doing it, although, in consequence of unforseen accident, the performance of his contract has become unexpectedly burdensome, or even impossible. uut ibis rule is only applicable when the contract is positive and absolute, and not subject...
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The Indian Contract Act, Act IX of 1872: With a Commentary, Critical ...

India, Charles Colin Macrae - Contracts - 1874 - 232 pages
...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 impossible. But this rule is only applicable where the contract is positive and absolute, and not subject...
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