...In that case the rule of law laid down in Puradine r. Jane, Aleyn, 26, applies, namely. ' That when a party by his own contract creates a duty or charge...have provided against it by his contract.'" See also Nay lor o. Taylor, 9 B. & C. 718. 2 Avery v. Bowden, 5 Ellis & B. 714, 33 Eng. L. & Eq. 133. In this...

...precedent must be strictly performed to entitle a party to recover. Judge ALLEN, in his opinion, said : "Whenever a party by his own contract creates a duty...he might have provided against it by his contract " (citing numerous anJenkina a^t. Wheeler. thorities). Judge JOHNSON, in the same case, said : The...

...In that case the rule of law laid down in Paradine v. Jane, Aleyn, 26, applies, namely, ' That when a party by his own contract creates a duty or charge...notwithstanding any accident by inevitable necessity, because he might'have provided against it by his contract.' " See also Nay lor v. Taylor, 9 B. & C. 718. i Avery...

...the war. But when the party, by his own contract, "creates a duty or charge upon him- \\ac.\ self, he is bound to make it good, if he may, notwithstanding...he might have provided against it by his contract. And, therefore, if the lessee covenant to repair a house, though it be burnt by lightning or thrown...

...his fault, and he has no remedy over against some other person, the law will excuse him ; but when a party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, notwithstanding any accident or inevitable necessity ; because he might have provided against it by...

...other unavoidable contingency, as lightning, or an extraordinary flood. And by his own contract, create a duty or charge upon himself, he is bound to make it good if he can, notwithstanding apy accident by inevitable necessity ; for if he had chosen to guard against any...

...without any default in him, and hath no *remedy over, there the law will excuse him." " But, when the party by his own contract creates a duty or charge...might have provided against it by his contract."] Here, it is submitted, the performance of the condition was not only impossible, but it was illegal....

...Story says this is the result of all the cases.* In Paradine v. Jane,f the court said : " When the party by his own contract creates a duty or charge...accident by inevitable necessity, because he might have guarded against it by his contract." Such has always been the rule of the common law. If a lessee covenant...

...prohibition did not dissolve the contract, nor can it absolutely excuse a nonperformance of it. Where a party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, notwithstanding any accident Holyoke v. Depew. by inevitable necessity, because lie might have provided...

...the contrary. The principle is thus stated in Paradine v. Jane (Aleyn, 26), decided in 1648: ''When a party by his own contract creates a duty or charge upon himself, he * The act of 1860 (Laws of 1860, 592, ch. 345), is as follows : "The lessees or occupants of any building...