The Performance of Contracts; a Summary of Conditions in Contracts And Impossibility of Performance

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J. Eq. 215; Adler v. Miles (1910), 126 N. Y. Supp. 135. That dispossession by the military au- thorities of one's own country will relieve a lessee from the obligation to pay rent during the period of dispossession, see Gates v. Cioodloe (1879), 101 U. S. 612.
172 Bailey v. De Crespigny, ante, and cases cited in 2 W. 290, n. Im- possibility arising subsequent to the making of the contract is all that is covered by this statement. Impossibility caused by the law govern- ing the contract at the t
...ime the contract is entered into usually makes the contract illegal and enforceable by neither party. But in some cases an exception has been made where the plaintiff was ignorant of the facts on which the illegality depends. "Where the Impossibility is known to the promisor, but not known to the promisee, he must be taken to promise absolutely; as where a married man promises to marry a woman, who was then unaware of his being married [citing Wild V. Harris (1849), 7 C. B. 999; Milward v. Llttlewood (1850), 5 Ex.

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