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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 made,... "
Cases Argued and Adjudged in the Supreme Court of the United States - Page 657
by United States. Supreme Court - 1875
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Reports of Cases Argued and Adjudged in the Supreme ..., Volume 9; Volume 22

United States. Supreme Court - 1824 - 952 pages
...his obligation, he is bound, and no farther. It is not sufficient that he may sustain no injury by a change in the contract, or that it may even be for...variation of it* and a variation is made, it 'is fatal. And Courts of equity, as well aa of law, have been in the constant habit of scanning the- contracts...
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A General Abridgment and Digest of American Law: With Occasional ..., Volume 9

Nathan Dane - 1829 - 956 pages
...not sufficient, 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 Practical Abridgment of American Common Law Cases Argued and ..., Volume 7

Jacob D. Wheeler - 1836 - 644 pages
...sustain no injury by a change in the Contract, or that it may be es-en for his benefit. i«i»«He has a right to stand upon the very terms of his contract;...variation of it, and a variation is made, it is fatal. And the courts of equity, as well as of law, have been in the constant habit of scanning the contracts...
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A Treatise on the Law Relating to the Powers and Duties of Justices of the ...

Joseph Rockwell Swan - 1837 - 614 pages
...the contract or its mode of performance (a). 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 words of the contract; and if he does not assent to any variation of it, and a variation be made, it...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 6

Louisiana. Supreme Court, Merritt M. Robinson - 1845 - 676 pages
...Code, arts. 1523-1525. It is no answer that the arrangement may have been beneficial to the surety. He has a right to stand upon the very terms of his contract. 9 Wheaton, 680. 5 Peters' Condens. Rep. 728. Lobdell v. Niphler, 4 La. 294. 7 Mart. NS 13. Millaudon...
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An Introduction to Equity Jurisprudence: On the Basis of Story's ...

James Philemon Holcombe - 1846 - 376 pages
...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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Questions and Answers on Law: Alphabetically Arranged. With ..., Volume 2

Asa Kinne - 1852 - 736 pages
...Hale, 1 Moore ft Payne, 285. 4 Bing., 464, SC It matters not " that a surety may sustain no injury by a change in the contract, or that it may even be for...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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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 pages
...and other cases, to the proposition that — "It is not sufficient that he may sustain no injury by a change in the contract, or that it may even be for...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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A Practical Treatise on the Law of Contracts Not Under Seal: And Upon the ...

Joseph Chitty - 1855 - 1120 pages
...Wheaton, 680, .Mr. Justice Story said that it matters n.it, " that the surety may sustain no injury by a change in the contract, or that it may even be for his benefit. lie has a right to stand upon the very terms of his contract ; and if he does not assent to any variation...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 17

Georgia. Supreme Court - 1856 - 736 pages
...it 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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