 ... it depends in each case on the terms of the contract and the circumstances of the case, whether the breach of contract is so material as to justify the injured party in refusing to proceed further and suing for damages for breach of the entire contract,...  The New York Supplement - Page 3041921Full view - About this book
 | South Australia - Law - 1896 - 230 pages
...whether the breach of contract is a repudiation of the whole contract or whether it is a severable breach giving rise to a claim for compensation, but not to a right to treat the whole contract as repudiated. Delivery to carrier. Ib., sec. 32. Risk where goods are delivered at distant place. Ib.,... | |
 | Institute of Bankers (Great Britain) - Banks and banking - 1891 - 840 pages
...the breach of contract is a repudiation of the whole contract, or whether it is a severable breach giving rise to a claim for compensation, but not to a right to put an end to the whole contract. 35. Di-lirery to carrier. — (1.) Where, under a contract of sale,... | |
 | Law reports, digests, etc - 1918 - 1142 pages
...of the entire contract, or whether the breach is severable, giving rise to a claim for comnensation, but not to a right to treat the whole contract as broken." The statute thus establishes a like test for vendor and for vendee. The earlier cases may not be wholly... | |
 | Law reports, digests, etc - 1912 - 1182 pages
...as to Justify the injured party in refusing to proceed further, or whether the breach is severable, giving rise to a claim for compensation, but not to a right to treat the whole contract as broken. The question turns upon the materiality of the breach under the circumstances of the case, and this... | |
 | Frederick Pollock - Law - 1888 - 516 pages
...the breach of contract is a repudiation of the whole contract, or whether it is a eeverable breach giving rise to a claim for compensation, but not to a right to rescind the whole contract.' The law cannot rest there, nor would the enactment of the clause in this... | |
 | James Mackintosh - Sales - 1892 - 312 pages
...the breach of contract is a repudiation of the whole contract, or whether it is a severable breach giving rise to a claim for compensation, but not to a right to treat the whole contract as repudiated. XXXIV. Delivery to carrier. — (1.) Where, in pursuance of a contract of sale, the seller... | |
 | Walter Charles Alan Ker - Commercial law - 1894 - 436 pages
...whether the breach of contract is a repudiation of the whole contract or whether it is a severable breach giving rise to a claim for compensation, but not to a right to treat the whole contract as repudiated. S. 31 (1). This sub-section, in effect, declares that a contract of sale is, primd facie,... | |
 | Frank Newbolt - Sales - 1894 - 204 pages
...whether the breach of contract is a repudiation of the whole contract or whether it is a severable breach giving rise to a claim for compensation but not to a right to treat the whole contract as repudiated. This rule makes it unnecessary to reconcile the apparently conflicting decisions mentioned... | |
 | Joseph Chitty - Contracts - 1896 - 906 pages
...whether the breach of contract is a repudiation of the whole contract or whether it is a severable breach giving rise to a claim for compensation but not to a right to treat the whole contract as repudiated (r). 32. — (1) Where, in pursuance of a contract of sale, the seller is Delivery to authorized... | |
 | Edward Bullen, Thomas Joseph Bullen - Forms (Law) - 1897 - 1210 pages
...tho breach of contract is a repudiation of the whole contract, or whether it is a severable breach giving rise to a claim for compensation, but not to a right to treat the whole contract as repudiated," depends "on the terms of the contract and tho circumstances of the case.1' (Sale of Goods... | |
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