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" It is not sufficient that he may sustain no injury by a change in the contract, or that it may even be for his benefit. He has a right to stand upon the very terms of his contract ; and if he does not assent to any variation of it, and a variation is... "
A Practical Abridgment of American Common Law Cases Argued and Determined in ... - Halaman 461
oleh Jacob D. Wheeler - 1836
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Reports of Cases Argued and Adjudged in the Supreme ..., Volume 9;Volume 22

United States. Supreme Court - 1824 - 990 halaman
...that he may sustain no injury by a change in the contract, or that it may even be for his benefit. He has a right to stand upon the Very terms of his contract;...of it> and a variation is made, it 'is fatal. And Courts of equity, as well as of law, have been in the constant habit of scanning the- contracts of...
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A General Abridgment and Digest of American Law: With Occasional ..., Volume 9

Nathan Dane - 1829 - 982 halaman
...that he may sustain no injury by a change in the contracts, or that it may be even for his benefit. He has a right to stand upon the very terms of his contract.' See ch. 52, a. 2, s. 4, Johnson v. Todd. Justices dissented, on the ground the bond remained the same,...
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A Treatise on the Law Relating to the Powers and Duties of Justices of the ...

Joseph Rockwell Swan - 1837 - 614 halaman
...contract; or that it may even be for his benefit. He has a right to stand upon the very words of the contract; and if he does not assent to any variation of it, and a variation be made, it n fatal(6). It is the duty of the party to whom the surety is bound, to put him in possession...
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An Introduction to Equity Jurisprudence: On the Basis of Story's ...

James Philemon Holcombe - 1846 - 376 halaman
...against the consequences of risk, delay, and expense. 4 John., Chy. Rep. 129; 1 McLean, 180. 3. A surety has a right to stand upon the very terms of his contract, and any variation in it, made without his assent, is fatal. And it will make no difference, even if the...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 109

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1898 - 796 halaman
...that he may sustain no injury by a change in the contract, or that it may even be for his benefit. He has a right to stand upon the very terms of his contract...variation of it, and a variation is made, it is fatal." This is extreme ground, and we do not find it necessary to go so far in this case. See Preston v. Huntington,...
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Questions and Answers on Law: Alphabetically Arranged. With ..., Volume 2

Asa Kinne - 1852 - 736 halaman
...surety may sustain no injury by a change in the contract, or that it may even be for his benefit. He has a right to stand upon the very terms of his contract...variation of it, and a variation is made, it is fatal." — Miller v. Stewart 9 Wheaton, 680. Wright, v. Johnston, 8 Wendell, 512. Bank of Washington v. Barrington,...
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A Practical Treatise on the Law of Contracts Not Under Seal: And Upon the ...

Joseph Chitty - 1855 - 1120 halaman
...surety may sustain no injury by a change in the contract, or that it may even be for his benefit. He has a right to stand upon the very terms of his contract ; and if lie does not assent to any variation of it, and a variation is made, it is fatal." See Wright t1. Johnson,...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 17

Georgia. Supreme Court - 1856 - 736 halaman
...material or immaterial. No power of man can alter his engagement, and his liability be retained. He has a right to stand upon the very terms of his contract ;, and without his consent, any variation of it is fatal. The law will not allow others to speculate as to...
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Hunt's Merchants' Magazine and Commercial Review, Volume 38

Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - 1858 - 812 halaman
...that he may sustain no injury by a change in the contract, or that it may be even for his benefit. He has a right to stand upon the very terms of his contract...variation of it, and a variation is made, it is fatal." If the liability of the surety be varied by the act of the person to whom the surety is bound, without...
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The Merchants' Magazine and Commercial Review, Volume 38

1858 - 784 halaman
...that he may sustain no injury by a change in the contract, or that it may be even for his benefit. He has a right to stand upon the very terms of his contract;...variation of it, and a variation is made, it is fatal." If the liability of the surety be varied by the act of the person to whom the surety is bound, without...
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