... 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 - Seite 4401921Vollansicht - Über dieses Buch
| South Australia - 1896 - 230 Seiten
...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) - 1891 - 840 Seiten
...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,... | |
| 1918 - 1142 Seiten
...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... | |
| 1912 - 1182 Seiten
...the breach of contract Is so material as to Justify the injured party in refusing to proceed further, or whether the breach is severable, giving rise to...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 - 1888 - 516 Seiten
...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 - 1892 - 312 Seiten
...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 - 1894 - 436 Seiten
...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 - 1894 - 204 Seiten
...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... | |
| New York (State). Supreme Court. Appellate Division - 1921 - 1108 Seiten
...installments, which are to be separately paid for, and the buyer neglects or .refuses to pay for one or more installments, " it depends in each case on the terms...to a right to treat the whole contract as broken." The defendants, doubtless influenced by a rising market, were not entirely frank with the plaintiff,... | |
| Joseph Chitty - 1896 - 906 Seiten
...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... | |
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