 | Law reports, digests, etc - 1866 - 932 pages
...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...performance of his contract has become unexpectedly burthensome or even impossible ; . . . but this rule is only applicable where the contract is positive... | |
 | Law - 1869 - 492 pages
...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...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,... | |
 | Law - 1869 - 1110 pages
...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,...damages for not doing it, although in consequence of unforseen accidents the performance of his concrac'. has become unexpectedly burdensome or even impossible"... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1874 - 662 pages
...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,...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... | |
 | Law reports, digests, etc - 1863 - 804 pages
...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...damages for not doing it, although, in consequence of unforseen accidents, the performance of his contract has become unexpectedly burthensome, or even impossible.... | |
 | 1863 - 620 pages
...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,...it, although in consequence of unforeseen accidents tho performance of his contract has become unexpectedly burthensome, or even impossible. The law is... | |
 | Maxwell Alexander Robertson - Law reports, digests, etc - 1866 - 1190 pages
...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...damages for not doing it, although, in consequence of unforseen accidents, the performance of his contract has become unexpectedly burthensome or even impossible... | |
 | Great Britain. Court of Common Pleas, Octavian Baxter Cameron Harrison, Henry Rutherfurd - Law reports, digests, etc - 1868 - 1038 pages
...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,...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... | |
 | Law - 1874 - 436 pages
...certainly a well-known rule of law that where there is an absolute contract to do any thing which is not unlawful, the contractor must perform it or pay damages for not doing it, although the performance of his contract has become even impossible in consequence of unforeseen accidents.... | |
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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... 
