 If the part to be performed by one party consists of several distinct and 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 Decided in the Court of Appeals of the State of New York - Seite 454von New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand, Edward Jordan Dimock, Hiram Edward Sickels, Edmund Hamilton Smith, Louis J. Rezzemini, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1879Vollansicht - Über dieses Buch
 | Alabama. Supreme Court - 1895 - 894 Seiten
...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...other is apportioned to each item to be performed, or is left to be implied by law, such a contract wiD generally be held to be severable. — 3 Am. &... | |
 | Iowa. Supreme Court - 1860 - 688 Seiten
...recognized by the cases and text writers. Dibol & Plank v. W. & EH Minott. Where the work to be performed consists of several distinct and separate items, and the price to be paid is apportioned to each item, or is left to be implied by law, the contract will generally be held to... | |
 | Theophilus Parsons - 1866 - 830 Seiten
...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...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 eeverable. (b) And the... | |
 | 1896 - 644 Seiten
...the contract, and to sue at once for a breach. It is to be noticed also that 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 to each item to be performed,... | |
 | 1877 - 632 Seiten
...conclusively when viewed by the criterion established in LHcesco Oil Co. v. Brewer (16 Sm. 351), that where the part to be performed by one party consists of several distinct items, and the price to be paid by the other is apportioned to each item to performed, or is left to... | |
 | 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, Sidney Romelee Moon, Charles Frederick Remy - 1878 - 674 Seiten
...Administrator. Parsons (vol. 2, p. 517,) lays down the rule as to the severance of contracts thus : " If the part to be performed by one party consists...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 severable. And the same... | |
 | Isaac Grant Thompson - 1879 - 884 Seiten
...enforcement by law ? Parsons (vol. 2, p. 517) lays down the rule as to the severance of contracts thus: "If the part to be performed by one party consists...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... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1880 - 582 Seiten
...of the parties, to be ascertained from the language employed and the subject-matter of the contract. If the part to be performed by one party consists...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 severable. And the same... | |
 | 1881 - 1980 Seiten
...lost shipments were not to be replaced, all show that the contract was severable. The rule is 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 to each item, the contract... | |
 | Florida. Supreme Court - 1882 - 1160 Seiten
...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...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 severable." This is illustrated... | |
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