 If the part to be performed by one party consists of several distinct ami separate items, and the price to be paid by the other is apportioned to each item to be performed, or is left to be implied by law, such a contract will generally be held to be...  Reports of Cases Argued and Determined in the Supreme Court of Judicature of ... - Página 541por Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Charles Frederick Remy, Sidney Romelee Moon - 1878Visualização integral - Acerca deste livro
 | Alabama. Supreme Court - 1895 - 894 páginas
...Co. v. New Haven, 46 Conn. 473 ; Cookev. Town of Orange, 48 Conn. 409. (6.) If the part of a contract to be performed by one party consists of several distinct...performed, or is left to be implied by law, such a contract wiD generally be held to be severable. — 3 Am. & Eng. Encyc. of Law, p. 917, and note ; Lncesco Oil... | |
 | Theophilus Parsons - 1866 - 830 páginas
...discovered in each case by considering the language employed and the subject-matter of the contract. If the part to be performed by one party consists...law, such a contract will generally be held to be eeverable. (b) And the same rule holds where the price to be (г) Alsagar i:. St. Katherine'« Dock... | |
 | 1896 - 644 páginas
...the contract was entire. If the part to be performed by one party consists of several and distinct items, and the price to be paid by the other is apportioned...item to be performed, or is left to be implied by the law, such contract will generally be held to be severable. But, if the consideration to be paid... | |
 | 1877 - 632 páginas
...Parsons on Contracts, that if the part to be performed by one party consists of several and distinct items, and the price to be paid by the other is apportioned...be performed, or is left to be implied by law, such contract will generally be held to be severable, is certainly applicable to con tracts such as that... | |
 | Isaac Grant Thompson - 1879 - 884 páginas
...performed by one party consists of several distinct and separate items, and the price to be paid by tlm other is apportioned to each item to be performed, or is left to be implied by law, suoh a contract will generally bo held to be severable. And the same rule holds where the price to... | |
 | Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - 1882 - 716 páginas
...discovered in each case by considering the language employed and the subject-matter of the contract. If the part to be performed by one party consists...a contract will generally be held to be severable. * * * But the mere fact that the subject of the contract is sold by weight or measure, and the value... | |
 | Florida. Supreme Court - 1882 - 1160 páginas
...authorities cited by defendant in error. Parsons on the Law of Contract (3d Ed., Sec. 4, pp. 29, 30,) says: "If the part to be performed by one party consists...contract will generally be held to be severable." This is illustrated by the case of Johnson vs. Johnson. 3 Bos. & Pull., 162, where plaintiff had purchased... | |
 | John Bouvier - 1883 - 870 páginas
...bushel for every bushel of so much corn as corresponds to a sample, would be a severablc contract. If the part to be performed by one party consists...a contract will generally be held to be severable. So when the price to be paid is clearly and distinctly apportioned to different parts of what is to... | |
 | 1894 - 1170 páginas
...discovered in each case by considering the language employed and the subjectmatter of the contract. If the part to be performed by one party consists...be performed or is left to be implied by law, such contract will generally be held to be severable." All construction is an effort, to determine the meaning... | |
 | 1886 - 956 páginas
...Indiana, B. & W. Ry. Co. v. Koons. 105 Ind. 507; S. С. 5 NE Rep. 549; Rainbolt v. East, 56 Ind. 539. "If the part to be performed by one party consists...contract will generally be held to be severable." 2 Pars. Cont. 517. Where either the subject-matter of the contract or the consideration is entire,... | |
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