 It is not sufficient that he may sustain no injury by a change in the contract, or that it may even be for his benefit. He has a right to stand upon the very terms of his contract ; and if he does not assent to any variation of it, and a variation is...  The Merchants' Magazine and Commercial Review - Stran 3211858Celotni ogled - O knjigi
 | United States. Supreme Court - 1824 - 952 strani
...is not sufficient that he may sustain no injury by a change in the contract, or that it may even be for his benefit. He has a right to stand upon the...variation of it* and a variation is made, it 'is fatal. And Courts of equity, as well aa of law, have been in the constant habit of scanning the- contracts... | |
 | Nathan Dane - 1829 - 956 strani
...As to the surety, 'it is not sufficient, that he may sustain no injury by a change in the contracts, or that it may be even for his benefit. He has a right to stand upon the very terms of his contract.' See ch. 52, a. 2, s. 4, Johnson v. Todd. Justices dissented, on the ground the bond remained the same,... | |
 | Jacob D. Wheeler - 1836 - 644 strani
...sustain no injury by a change in the Contract, or that it may be es-en for his benefit. i«i»«He has a right to stand upon the very terms of his contract;...variation of it, and a variation is made, it is fatal. And the courts of equity, as well as of law, have been in the constant habit of scanning the contracts... | |
 | Joseph Rockwell Swan - 1837 - 614 strani
...is not sufficient that he may sustain no injury by a change in the contract; or that it may even be for his benefit. He has a right to stand upon the very words of the contract; and if he does not assent to any variation of it, and a variation be made, it... | |
 | Louisiana. Supreme Court, Merritt M. Robinson - 1845 - 676 strani
...Code, arts. 1523-1525. It is no answer that the arrangement may have been beneficial to the surety. He has a right to stand upon the very terms of his contract. 9 Wheaton, 680. 5 Peters' Condens. Rep. 728. Lobdell v. Niphler, 4 La. 294. 7 Mart. NS 13. Millaudon... | |
 | James Philemon Holcombe - 1846 - 376 strani
...against the consequences of risk, delay, and expense. 4 John., Chy. Rep. 129; 1 McLean, 180. 3. A surety has a right to stand upon the very terms of his contract, and any variation in it, made without his assent, is fatal. And it will make no difference, even if the... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1898 - 796 strani
...is not sufficient that he may sustain no injury by a change in the contract, or that it may even be for his benefit. He has a right to stand upon the...variation of it, and a variation is made, it is fatal." This is extreme ground, and we do not find it necessary to go so far in this case. See Preston v. Huntington,... | |
 | Asa Kinne - 1852 - 736 strani
...matters not " that a surety may sustain no injury by a change in the contract, or that it may even be for his benefit. He has a right to stand upon the...variation of it, and a variation is made, it is fatal." — Miller v. Stewart 9 Wheaton, 680. Wright, v. Johnston, 8 Wendell, 512. Bank of Washington v. Barrington,... | |
 | Joseph Chitty - 1855 - 1120 strani
...matters not, " that a surety may sustain no injury by a change in the contract, or that it may even be for his benefit. He has a right to stand upon the very terms of his contract ; and if lie does not assent to any variation of it, and a variation is made, it is fatal." See Wright t1. Johnson,... | |
 | Georgia. Supreme Court - 1856 - 736 strani
...it material or immaterial. No power of man can alter his engagement, and his liability be retained. He has a right to stand upon the very terms of his contract ;, and without his consent, any variation of it is fatal. The law will not allow others to speculate as to... | |
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