 The Legislature by compelling him to part with his land to a railway company, whom he could not bind by any stipulation, as he could an assignee chosen by himself, has created a new kind of assign, such as was not in the contemplation of the parties when...  The Western Reserve Law Journal - Stran 1001901Celotni ogled - O knjigi
 | Virginia. Supreme Court of Appeals, William Munford - 1812 - 692 strani
...another tract, the destination of which was afterwards changed ; and which (and not this tract) was in the contemplation of the parties, when the contract was entered into, and provision made for the valuation thereof; and this brings us to the proofs in the cause. It is... | |
 | Edwin Tyrrell Hurlstone, John Paxton Norman - 1862 - 1014 strani
...naturally flowed from the breach of the contract ; or that any thing had passed to shew that they were in the contemplation of the parties when the contract was entered into. 1860. WILDE, B. — The plaintiffs' claim for damages is divided v-— «^-' into four heads. The County... | |
 | 1892 - 582 strani
...by reference to the ordinary incidents of railway travelling, and by what must be taken to have been in the contemplation of the parties when the contract was entered into. The principle has been very well illustrated by two cases familiar to lawyers. Redhead v. Midland R.... | |
 | India - 1878 - 710 strani
...covenant had become impossible by an ,act of law, and the Court held the defence good, observing that, " to hold the defendant responsible for the acts of such an assignee [as a railway company] is to make an entirely new contract," because the term " assigns " had a wellknown... | |
 | Frederick Pollock - 1876 - 692 strani
...[the covenantor] could not bind by any stipulation, as he could an assignee chosen by himself," was " a new kind of assign, such as was not in the contemplation...of the parties when the contract was entered into." Nor was it material that the company was only empowered by Parliament, not required, to build a station... | |
 | Henry Billings Brown - 1876 - 620 strani
...default, the rule of law is well settled that the damages must, in all cases, be such as must have been in the contemplation of the parties when the contract was entered into (Sedg. on Dam. 63 to 76 ; 2 Greenl. Ev. § 256, and note 6 ; Fox v. Harding, 7 Gush. 516 ; Hadley v.... | |
 | Sir William Reynell Anson - 1879 - 486 strani
...with his land to a railway company, whom he could not bind by any stipulation, as he could an assignee chosen by himself, has created a new kind of assign,...to make an entirely new contract for the parties.' Destruction (*) Where the continned existence of a specific thing in of subject- esgentia.1 to the... | |
 | Sir William Reynell Anson - 1880 - 494 strani
...with his land to a railway company, whom he could not bind by any stipulation, as he could an assignee chosen by himself, has created a new kind of assign,...to make an entirely new contract for the parties." Destruction (2) Where the continued existence of a specific th ing ** essen^a^ t° tne performance... | |
 | Sir William Reynell Anson - 1884 - 456 strani
...himself, hag created a new kind of assign, such at teas not in the contemplation of the parties lohen the contract was entered into. To hold the defendant...to make an entirely new contract for the parties." Deatruc- (2) Where the continued existence of a gpecifc thing is Hubject- essential to the performance... | |
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