 ... 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 have provided against it by his contract.  The Northeastern Reporter - Page 1631913Full view - About this book
 | Ohio. Supreme Court - Law reports, digests, etc - 1905 - 660 pages
...the sanctity of contracts require parties to do what they have agreed to do; and when a party, by his contract, creates a duty or charge upon himself, he is bound to make it, good. We are sustained in our contention by the following cases: Paducah Lumber Co. v. Paducah... | |
 | United States. Supreme Court, Samuel Freeman Miller - Law reports, digests, etc - 1875 - 756 pages
...without default on the part of the officers of the ship. The * court affirm the rule, that [ * 503 ] when 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... | |
 | Law - 1918 - 502 pages
...ii47, Aleyn, 2'i, in which "the original rule of English law was clear in its insistence, that where a party by his own contract creates a duty or charge upon himself, he is bound to make it good notwithstanding any accident by inevitable necessity, because he might have provided against... | |
 | Law - 1874 - 682 pages
...Co., Irish Rep., 4 Com. Law, 204. This case was held to come within the rule that, when a party by his contract creates a duty or charge upon himself, he is bound to make it good, because it is his own voluntary contract ; although where the law imposes such a duty,... | |
 | Law - 1874 - 450 pages
...Co., Irish Rep., 4 Com. Law, 204. This case was held to come within tho rule that, when a party by his contract creates a duty or charge upon himself, he is bound to make it good, because it is his own voluntary contract; although where the law imposes such a duty,... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1875 - 866 pages
...general doctrine is, as laid down in Paradine v. Jaine, Aleyn, 27, cited in 3 Bos. & Pul. 420: "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... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1876 - 842 pages
...the justices, that they should not proceed in a cessavit upon a cessor during the war, 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 have... | |
 | Standish Grove Grady - Building laws - 1876 - 698 pages
...tenant will not be relieved from this obltgation even in equity. Holtzopffel v. Baker, 18 Ves. 115. by his own contract creates a duty or charge upon himself, he is bound to make it good if he may, notwithstanding any accidental or inevitable necessity, because he might have... | |
 | Nathaniel Cleveland Moak - Law reports, digests, etc - 1878 - 940 pages
...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, 5891 ""notwithstanding any accident by inevitable necessity, because he might... | |
| |
