 | United States. Supreme Court - Law reports, digests, etc - 1824 - 990 pages
...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... | |
 | Nathan Dane - Law - 1829 - 982 pages
...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,... | |
 | Joseph Rockwell Swan - Constables - 1837 - 614 pages
...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... | |
 | James Philemon Holcombe - Equity - 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... | |
 | 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 - Law reports, digests, etc - 1898 - 796 pages
...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,... | |
 | Asa Kinne - Courts - 1852 - 736 pages
...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,... | |
 | Joseph Chitty - Contracts - 1855 - 1120 pages
...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,... | |
 | Georgia. Supreme Court - Equity - 1856 - 736 pages
...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... | |
 | Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - Commerce - 1858 - 812 pages
...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... | |
 | Commerce - 1858 - 784 pages
...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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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... 
