Principles of Contract: Being a Treatise On the General Principles Concerning the Validity of Agreements in the Law of England, And America
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— Where the performance is subse- P erformance quently forbidden by a foreign law, it is deemed to have i awiu ] con ." become not unlawful but impossible (n). tract d'is- This rule does not call for any discussion. It is ad- solved.
mitted as certain in Atkinson v. Ritchie (o), and is (m) Atkinson v. Ritchie, 10 East, 530; Esposito v. Bowden, p.
279, supra.
(n) Barker v. Hodgson, 3 M. & S. 267; Jacobs v. Credit Lyonnais, C. A. 12 Q. B. D. 589.
(o) See note (m), ante.
116 Fitzsimmons v. Guanaha...ni, 16 S. C. 192; Williams v. Carr, 80 N. C. 294; Carnahan v. W. U. Tel. Co., 89 Ind. 626; Davis v.
Bronson, 6 Iowa, 410.
117 But what has been done when the contract was valid still remains so. Bradford v. Jenkins, 41 Miss. 328; Bennett ».
Woolfolk, 15 Ga. 213.
396 UNLAWFUL AGREEMENTS.
[ -fc 347] sufficiently -^ illustrated by the modern case of Esposito v. Bowden (o), of which some account has already been given. It applies to negative as well as to affirmative promises. "It would be absurd to suppose then an action should lie against parties for doing that which the legislature has said they shall be obliged to do"(p).
What to read after Principles of Contract: Being a Treatise On the General Principles Concerning the Validity of Agreements in the Law of England, And America?
You can find similar books in the "Read Also" column, or choose other free books by Pollock, Frederick, Sir, 1845-1937 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
— Where the performance is subse- P erformance quently forbidden by a foreign law, it is deemed to have i awiu ] con ." become not unlawful but impossible (n). tract d'is- This rule does not call for any discussion. It is ad- solved.
mitted as certain in Atkinson v. Ritchie (o), and is (m) Atkinson v. Ritchie, 10 East, 530; Esposito v. Bowden, p.
279, supra.
(n) Barker v. Hodgson, 3 M. & S. 267; Jacobs v. Credit Lyonnais, C. A. 12 Q. B. D. 589.
(o) See note (m), ante.
116 Fitzsimmons v. Guanaha...ni, 16 S. C. 192; Williams v. Carr, 80 N. C. 294; Carnahan v. W. U. Tel. Co., 89 Ind. 626; Davis v.
Bronson, 6 Iowa, 410.
117 But what has been done when the contract was valid still remains so. Bradford v. Jenkins, 41 Miss. 328; Bennett ».
Woolfolk, 15 Ga. 213.
396 UNLAWFUL AGREEMENTS.
[ -fc 347] sufficiently -^ illustrated by the modern case of Esposito v. Bowden (o), of which some account has already been given. It applies to negative as well as to affirmative promises. "It would be absurd to suppose then an action should lie against parties for doing that which the legislature has said they shall be obliged to do"(p).
What to read after Principles of Contract: Being a Treatise On the General Principles Concerning the Validity of Agreements in the Law of England, And America?
You can find similar books in the "Read Also" column, or choose other free books by Pollock, Frederick, Sir, 1845-1937 to read onlineMoreLess
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