The promisee, if he pleases, may treat the notice of intention as inoperative, and await the time when the contract is to be executed, and then hold the other party responsible for all the consequences of non-performance: but in that case he keeps the... The Law Times - Page 751879Full view - About this book
| Law - 1872 - 438 pages
...Avery v. Bowden, 6 E. & B. 953, and '/'/'.' v. Hoskyns, id. 953, ou the other, may be thus stated. The promisee, if he pleases, may treat the notice...nonperformance, but in that case he keeps the contract alive for the benefit of the other party as well as his own; he remains subject to all his own obligations under... | |
| Law - 1886 - 548 pages
...280, on the other, may be thus stated. The promisee, if he pleases, may treat the notice of iutention as inoperative, and await the time when the contract...responsible for all the consequences of non-performance; but iu that case he keeps the contract alive for the benefit of the other party as well as his own : he... | |
| Law - 1882 - 624 pages
...v McClure, 4 Ex. 345. The promisee may treat the notice of intention as inoperative, and await tho time when the contract is to be executed, and then hold the other party responsible for all tho consequences of non-performance. But in that case he keeps tho contract alive for the benefit of... | |
| Nathaniel Cleveland Moak - Law reports, digests, etc - 1872 - 788 pages
...Avery v. Bowden ( 5 ), Reid v. Hosldns ( 6 ), and Barwick v. Buba (*) on the other, may be thus stated. The promisee, if he pleases, may treat the notice...non-performance; but in that case he keeps the contract alive for the benefit of the other party as well us his own; he remains subject tb all his own obligations and... | |
| Law - 1872 - 218 pages
...and Avery v Bowlen, 6 E & B. 953, and Reid v. Hoskyns. 6 E & B 953, on the other, may be thus stated. The promisee, if he pleases, may treat the notice...other party responsible for all the consequences of non performance, but in that case he keeps the contract alive for the benefit of the other party as... | |
| India - Contracts - 1878 - 710 pages
...afforded him the means of mitigating his loss." On the other hand, the promisee may, if he pleases, " treat the notice of intention as inoperative, and...: but in that case he keeps the contract alive for the benefit of the other party as well as his own ; he remains subject to all his own obligations and... | |
| Great Britain. Court of Common Pleas - Law reports, digests, etc - 1873 - 770 pages
...Avery v. Bowden (7), Reid v. Hoskins (8), and Patrick v. Buba (9), on the other, may be thus stated. The promisee, if he pleases, may treat the notice...executed, and then hold the other party responsible for nil the consequences of non-performance : but, in that case, he keeps the contract alive for the benefit... | |
| Nathaniel Cleveland Moak - Law reports, digests, etc - 1877 - 1000 pages
...matter? He deals tirist with the case of an action brought after the day for performance. He says : " The promisee, if he pleases, may treat the notice...executed, and then hold the other party responsible tor all the consequences of non performance : but, in that case, he keeps the contract alive for the... | |
| United States. District Court (Massachusetts), John Lowell - Law reports, digests, etc - 1877 - 652 pages
...promisor has announced his intention not to perform the contract, the promisee may treat the notice as inoperative, and await the time when the contract...executed, and then hold the other party responsible ; and in this case he keeps the contract alive for the benefit of both parties, and remains liable... | |
| Law reports, digests, etc - 1881 - 956 pages
...is clearly and most satisfactorily stated by Cockburn, CJ, in Frost v. Knight, Law Eep. 7 Ex. 112. " The promisee, if he pleases, may treat the notice of intention as inoperative, and wait the time when the contract is to be executed, and then hold the other party responsible for all... | |
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