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" ... as inoperative, and await the time when the contract is to be executed, and then hold the other party responsible for all the consequences of nonperformance. But in that case he keeps the contract alive for the benefit of the other party as well as... "
A Treatise on the Measure of Damages: Or, An Inquiry Into the Principles ... - Sida 1584
efter Theodore Sedgwick - 1912 - 3400 sidor
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Mayne's Treatise on Damages

John Dawson Mayne, Sir Lumley Smith - 1899 - 776 sidor
...non-performance ; but in that case he keeps the contract alive for the benefit of the other party as well as his own : he remains subject to all his own...previous repudiation of it, but also to take advantage of auy supervening circumstance which would justify him in declining to complete it. On the other hand,...
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The American Law Register, Volym 48

1900 - 778 sidor
...non-performance; but in that case he keeps the contract alive, for the benefit of the other party as well as his own ; he remains subject to all his own...which would justify him in declining to complete it. On the other hand, the promisee may, if he thinks proper, treat the repudiation of the other party...
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United States Reports: ... and Rules Announced at ...

United States. Supreme Court - 1900 - 672 sidor
...non performance ; but in that case he keeps the contract alive for the benefit of the other party as well as his own ; he remains subject to all his own...which would justify him in declining to complete it. On the other hand, the promisee may, if he thinks proper, treat the repudiation of the other party...
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The Law of Sales of Personal Property

Francis Marion Burdick - 1901 - 352 sidor
...course, " he keeps the contract alive for the benefit of the other party as well as his own, . . . and enables the other party not only to complete the...which would justify him in declining to complete it ; " 6 and when he sues upon the contract he "must allege and prove performance upon his part, or a...
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A Treatise on the Law of Sale of Personal Property, Volym 2

Floyd Russell Mechem - 1901 - 962 sidor
...contract alive for the benefit of the other party as well as his own: he remains subject to all the obligations and liabilities under it, and enables...repudiation of it, but also to take advantage of any iDingley v. Oler, 117 US 490, 29 L. ed. 984, 6 Sup. Ct. R 850. A mere request acquiesced in is not...
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Cases on the Law of Damages

Floyd Russell Mechem - 1902 - 788 sidor
...non-performance; but In that case he keeps the contract alive for the benefit of the other party as well as his own. He remains subject to all his own...it, but also to take advantage of any supervening circumstances which would justify him in declining to complete it. On the other hand, the promisee...
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Principles of Law: Law in General; Personal Rights; Property; Wills; Contracts

International Correspondence Schools - 1903 - 636 sidor
...non-performance; but in that case he keeps the contract alive for the benefit of the other party as well as his own; he remains subject to all his own obligations and liabilities, and enables the other party not only to complete the contract, if so advised, notwithstanding his previous...
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McMaster's Commercial Decisions Affecting the Banker and Merchant ..., Volym 6

James Smith McMaster - 1903 - 1004 sidor
...contract alive for the benefit of the other party as well as his own : he remains subject to all the obligations and liabilities under it, and enables...which would justify him in declining to complete it. On the other hand, the promisee, may, if he thinks proper, treat the repudiation of the party as a...
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Fifteen Decisive Battles of the Law: Being a Study of Some Leading Cases in ...

Ernest Arthur Jelf - 1903 - 140 sidor
...contract alive for the benefit of the other party as well as his own ; he remains subject to all the obligations and liabilities under it, and enables...which would justify him in declining to complete it. On the other hand, the promisee may, if he thinks proper, treat the repudiation of the other party...
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The Southeastern Reporter, Volym 42

1903 - 1068 sidor
...contract alive for the benefit of the otlier party as well as his own; he remains subject to all the obligations and liabilities under It, and enables...which would Justify him In declining to complete It On the other hand, the promisee may, If he thinks proper, treat the repudiation of the party as a wrongful...
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