...case of School Trustecs v. Bcntu-tt, 3 Dutch. 513, which announces the well recognized principle that, where one of two innocent persons must sustain a loss, the law casts the burden upon the party who agreed to sustain it, or rather leaves it where the parties, by their...

...sustained by his own negligence, especially when it would be cast on another who has omitted no duty. Where one of two innocent persons must sustain a loss, the law will impose it on him who has been guilty of laches. In this case appellee did all the law required...

...should do it, unless absolutely impossible. He should provide against contingencies in his contract. Where one of two innocent persons must sustain a loss,...design or neglect, inserted in their engagement." To the same purport is the law of Catliu v. Tobias (26 K Y. 217). It logically follows from these authorities...

...do it, unless absolutely impossible. He should provide against contingencies in his contract. When one of two innocent persons must sustain a loss, the...construction, an exception which the parties have nor,either by design or neglect, inserted in their engagement." To the same purport is the law of Catlin...

...impossible. He should provide against contingencies in his contract. Where one of two innocent parties must sustain a loss, the law casts it upon him who...design or neglect, inserted in their engagement." This doctrine was approved by this court in Water Co. v. Kimppmann Whiting Co., 64 NJ Law, 240, 45...

...notwithstanding any accident by inevitable necessity, because he might have provided against It by his contract. The law will not insert, for the benefit of one of...design or neglect, inserted in their engagement." The doctrine of this case was reiterated by this court in Middlesex Water Co. v. Knappmann Whiting...

...entered into and those that could not have been foreseen. Where from the result of such an accident one of two innocent persons must sustain a loss, the...upon him who has agreed to sustain it, or, rather, leaves it where the agreement of the parties has put it, and will not insert for the benefit of one...

...do it, unless absolutely impossible. He should provide against contingencies in his contract. When one of two innocent persons must sustain a loss, the...by design or neglect, inserted in their engagement. If a party, for a sufficient consideration, agrees to erect and complete a building upon a particular...

...should do it, unless absolutely impossible. He should provide against contingencies in his contract. Where one of two innocent persons must sustain a loss,...it where the agreement of the parties has put it. ... Neither the destruction of the incomplete building by a tornado, nor its falling by a latent softness...

...it unless absolutely impossible. '• He should provide against contingencies in his contract. '• Where one of two innocent persons must sustain a loss,...it where the agreement of the parties has put it." " If a party," the Court went on to say, " for a sufficient "consideration agrees to erect and complete...