 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...  The Canada Law Journal - Page 2801894Full view - About this book
 | 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...the contractor must perform it or pay damages for not doing it, although, in consequence of unforeseen accidents, the performance of his contract has... | |
 | 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...the contractor must perform it, or pay damages for not doing it, although, in consequence of unforeseen accidents, the performance of his contract has... | |
 | 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,...the contractor must perform it, or pay damages for not doing it, although in consequence of unforseen accidents the performance of his concrac'. has become... | |
 | 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,...the contractor must perform it or pay damages for not doing it, although, in consequence of unforeseen accidents, the performance of his contract has... | |
 | 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...the contractor must perform it or pay damages for not doing it, although, in consequence of unforseen accidents, the performance of his contract has... | |
 | 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,...the contractor must perform it, or pay damages for not doing it, although in consequence of unforeseen accidents tho performance of his contract has become... | |
 | 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...the contractor must perform it or pay damages for not doing it, although, in consequence of unforseen accidents, the performance of his contract has... | |
 | 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,...the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has... | |
 | Law - 1882 - 624 pages
...be disapproved. Upon principle as well as the authorities cited, we are induced to hold that — (1) Where there is a positive contract to do a thing,...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... | |
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