...plaintiff who has brought his action before the day of performance — "In such action," he says, " he will be entitled to such damages as would have...arisen from the non-performance of the contract at the prescribed time." That expressly negatives the proposition contended for by Mr. Herschell, and shews...

...his action before the day of performance — "In such action," he says, " he will be entitled to snch damages as would have arisen from the non-performance of the contract at the prescribed time." That expressly negatives the proposition contended for by Air. Hcrschell, and shews...

...general rule in this regard is stated in Frost v. Knight (1872) LR 7 Exch. (Eng.) Ill, to the effect that the promisee may, if he thinks proper, treat the repudiation of the other party as a wrong putting an end to the contract, and may at once bring his action as on a breach of it; in such...

...take advantage of any supervening circumstance which would justify him in declining to complete it. On the other hand the promisee may, if he thinks proper,...entitled to such damages as would have arisen from the non -performance of the con tract at the appointed time, subject, however, to abatement in respect...

...take advantage of any supervening circumstance which would justify him in declining to complete it. "On the other hand, the promisee may, if he thinks...wrongful putting an end to the contract, and may at once 164 Pratt,26 a Navy enlisted man sought to avoid an extension of enlistment on the grounds that his...

...the seller could bring suit before the expiration of the contract, in that regard that case holding: "On the other hand, the promisee may, if he thinks proper, treat the or cause whatever, repudiated all liability repudiation of the other party as a wrongful under the...

...Regime der Einheitsrechtsmodelle zustehen. B. Abstandnahme vom Vertrag I. Aufhebung bzw. Rücktritt „[T]he promisee may, if he thinks proper, treat the repudiation of the contract as a wrongful putting an end to the contract, and may at once bring his action as on a breach...

...take advantage of any supervening circumstance which would justify him in declining to complete it. On the other hand, the promisee may, if he thinks...contract at the appointed time, subject, however, to abate[Louisville & Nashville RR Co. v. Burke.] ment in respect of any circumstances which may have...

...take advantage of any supervening circumstances which would justify him in declining to complete it. On the other hand, the promisee may, if he thinks...entitled to such damages as would have arisen from the nonperformanee of the contract at the appointed time. And he adds this qualification : 'Subject, however,...

...take advantage of any supervening circumstance which would justify him in declining to complete it : on the other hand, the promisee may, if he thinks...entitled to such damages as would have arisen from nonperformance of the contract at the appointed time, subject, however, to abatement in respect of...