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Full-Text Articles in Comparative and Foreign Law
Implied Condition Involving Impossibility Of Performance, Edson R. Sunderland
Implied Condition Involving Impossibility Of Performance, Edson R. Sunderland
Articles
Early in 1914 the defendants contracted to sell to the plaintiffs a quantity of Finland birch timber. The practice was to send the timber direct by sea from Finnish ports. Before any timber was delivered the war broke out and the presence of German warships in the Baltic made the direct shipment by water impossible. The contract contained no war, force majeure or suspension provision. Held, that the contract was not dissolved, and the defendants were liable for damages for non-delivery of the timber. Blackburn Robbin Co., Lim. v. Allen & Sons, Lim. (1918) 87 L. J. K. B. 1085. …
Contracts Of Sale Of Merchandise--Fraud On The Vendor, Levi T. Griffin
Contracts Of Sale Of Merchandise--Fraud On The Vendor, Levi T. Griffin
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This is an interesting topic to every jobbing house, and to every attorney concerned with mercantile collections. The law is pretty well settled on the general subject and the Treatises on Sales are plentiful. Among the best is that of Mr. Benjamin. Tiffany on Sales of the Hornbrook Series recently issued assumes also to state briefly the principles which control in these cases. At large commercial and metropolitan points, and among lawyers who have occasion to often deal with this question, there is perhaps not much difficulty in arriving at correct conclusions, and promptly enforcing the rights of a defrauded …