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" 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 Weekly Reporter - Page 239
1886
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Albany Law Journal, Volume 5

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...all the consequences of nonperformance, but in that case he keeps the contract alive for the benefit of the other party as well as his own; he remains...
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Albany Law Journal, Volume 33

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...
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The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Volume 25

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...
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Reports of Cases Decided by the English Courts: With Notes and ..., Volume 1

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...all the consequences of 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...
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The Local Courts' and Municipal Gazette, Volume 8

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...
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The Indian Contract Act, No. IX of 1872: Together with an Introduction and ...

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...the consequences of non-performance : but in that case he keeps the contract alive for the benefit of the other party as well as his own ; he remains...
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The Law Reports: Court of Common Pleas, Volume 8

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...
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Reports of Cases Decided by the English Courts: With Notes and ..., Volume 4

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...
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Judgments Delivered in the Courts of the United States for the ..., Volume 2

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...
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The Law Times, Volume 66

Law - 1879 - 494 pages
...other cases, was thus stated by Lord Chief Justice Cockburn in Frost v. Knight (L. Rep. 7 Ex. 111). The promisee, if he pleases, may treat the notice...all the consequences of nonperformance ; but in that case he keeps the contract alive for lh& benefit of the other party as well as his own. He remains...
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