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" he has no remedy over, then the law will excuse him; but where the party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, notwithstanding any accident or delay by inevitable necessity; because he might have provided... "
The American Law Register - Page 248
1866
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A General Abridgement of Law and Equity: Alphabetically Digested ..., Volume 5

Charles Viner - 1792 - 704 pages
...burnt by In fuch c«fc lifhtninf. or thrown down by enemies* yet he muft repair it; f or hemuft «when the party by his own contract creates a duty or charge upon tenicn: himfelf, he is bound to malteit good if he can, notwithstanding any time; and accident * by...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 69

United States. Supreme Court - 1870 - 810 pages
...perform it without any default in him, and hath no remedy over, there the law will excuse him But where a party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against...
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An Abridgment of the Law of Nisi Prius ...

William Selwyn - 1812 - 700 pages
...party is disabled from performing it, without any default on his part, and has not any remedy over, the law will excuse him ; but, Where the party, by his own contract, imposes on himself a duty or charge, he is bound to make it good, notwithstand-- ing inevitable accident;...
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Digested Index to the Term Reports

Sir Thomas Edlyne Tomlins - 1812 - 736 pages
...disabled to perform it without any default in him, the law will с xcilse him : but when the party by hi own contract creates a duty or charge upon himself, he is bound to к ;:)•.« il good, notwithstanding any accident by inevitable necessity. 6 T. 11. 751 2. So on a...
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A Digested Index to the Modern Reports, of the Courts of Common ..., Volume 1

Nicholas Baylies - 1814 - 576 pages
...the party is disabled to perform it without any default in him, the law will excuse him : but when the party by his own contract creates a duty or charge...bound to make it good notwithstanding any accident by inevitable necessity. 6 Term Rep. 731. 5 Covenant in a lease that the lessee, would not dig gravel...
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Term Reports in the Court of King's Bench, Volume 8

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 708 pages
...perform it, without any default in him. and hath no remedy over, there the law will excuse him; but when the party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might bave provided agaiust...
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An Introduction to the Law, Relative to Trials at Nisi Prius

Francis Buller - 1817 - 684 pages
...party is disabled from performing it without any fault on his part, and he has not any remedy over, the law will excuse him; but where the party, by his own contract, imposes a duty on himself, he is bound to make it good, notwithstanding inevitable accident, because...
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An Abridgment of the Law of Nisi Prius...

William Selwyn - 1817 - 728 pages
...party is disabled from performing it, without any default on his part, and has not any remedy over, the law will excuse him ; but, where the party, by his own contract, imposes on himself a duty or charge, he is bound to make it good, notwithstanding inevitable accident;...
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A Treatise on Equity: With the Addition of Marginal References and ..., Volume 1

Henry Ballow, John Fonblanque - 1820 - 492 pages
...the case of waste, if a house be destroyed by tempest, or by enemies, the lessee is excused. But when the party, by his own contract, creates a duty or charge upon himself, he is bound to make it good if he can notwithstanding any accident by inevitable necessity, because he might have provided against...
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Elements of Conveyancing: With Cursory Remarks Upon the Study of ..., Volume 4

Charles Barton - 1821 - 586 pages
...the party is disabled to perform it without any default in him, the law will excuse him; but, when the party by his own contract creates a duty or charge...himself, he is bound to make it good, notwithstanding an accident by inevitable necessity. Hence, a lessee, who covenants generally to pay rent, or to repair,...
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