 | Sir Edward Coke, John Henry Thomas - 1827 - 884 стор.
...impossible in its creation, when it is to do a thing which cannot by any means be acomplishcd • but if it be only improbable, or out of the power of the obligee, it is not in law deemed imposnble. As if the condition be, "that a married man shall marry... | |
 | 1843 - 516 стор.
...difficulty or improbability of accomplishing the undertaking will not excuse him. Nothing short of showing that the thing to be done cannot by any means be accomplished will relieve him from his obligation. It was accordingly held in this case, where the defendant had... | |
 | Sir Edward Coke, John Henry Thomas - 1836 - 796 стор.
...impossible in its creation, when it is to do a thing which cannot by any means be accomplished; but if it be only improbable, or out of the power of the obligee, it is not in law deemed impossible. As if the condition be "that a married man shall marry... | |
 | Oliver Lorenzo Barbour - 1858 - 714 стор.
...conceded by Nelson. J. in Beebe v. Johnson, (19 Wend. 502,) that strict performance is excused if it appear that the thing to be done cannot by any means be accomplished ; and that is precisely this case. In Fahy v. North, (19 Barb. 341,) the same doctrine is declared... | |
 | Benjamin Vaughan Abbott, Austin Abbott - 1864 - 812 стор.
...possibility, however absurd or improbable it may be, it •will be upheld. To excuse non-performance, it must appear that the thing to be done cannot by any means be accomplished. A covenant to secure a patent in England, is not nugatory because existing laws of England do not authorize... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1867 - 674 стор.
...one covenants, it shall rain to-morrow, or that the Pope shall be at Westminister on a certain day ; to bring the case within the rule of dispensation...done cannot by any means be accomplished ; for if it is only improbable or out of the power of the obligor, it is not in law deemed impossible." He then... | |
 | 1881 - 968 стор.
...119 Johnson, 19 Wend., 500. In the case last cited, it was laid down that to excuse non-performance, it must appear that the thing to be done cannot by any means be accomplished. The learned counsel for the plaintiff seeks to distinguish 63 NY, 160, and 64 NY, 304, above cited,... | |
 | 1916 - 506 стор.
...great, will not excuse him. The act of God will dispense with the performance of the contract, but to bring the case within the rule of dispensation...done cannot by any means be accomplished; for if it is only improbable or out of the power of the obligor, it is not in law deemed impossible. In an action... | |
 | 1881 - 556 стор.
...Beebe v. Johnson, 19 Wend. 500. In the cose last cited it was laid down that to excuse non-performance, it must appear that the thing to be done cannot by any means be accomplished. The learned counsel for the plaintiff seeks to distinguish 63 NY 160, and 64 NY 304, above cited, from... | |
 | 1894 - 1170 стор.
...him." Dermott v. Jones, 2 Wall. 1. The act of God will dispense with the performance of a contract, but to bring the case within the rule of dispensation It must appear that the thing to bo done cannot by any means be accomplished; for, if it Is only improbable, or out of the power of... | |
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Cov. 569; but if the covenant be within the range of possibility, however absurd or improbable the idea of the execution of it may be, it will be upheld: as where one covenants it shall rain to-morrow, or that the Pope shall be at Westminster on a certain... 
