Legal Opinion
Peckham v. Industrial Securities Co.
Superior Court of Delaware
Decided April 9, 1921No. Summons Covenant, No. 166PublishedCited by 13 opinions
1Opinion of the Court
Pennewill, C. J.,
delivering the opinion of the court: The question before the court is, whether the said injunction issued in the state of Illinois relieves or excuses the defendant from the performance of its obligations under the contract.
In the leading case of Dermott v. Jones, 2 Wall. 1, 17 L. Ed. 762, the Supreme Court said:
“ It is a well settled rule of law, that if a party by his contract charge himself with an obligation possible to be performed, he must make it good, unless its performance is rendered impossible by the act of God, the law, or the other party.”
This statement of the…
2Cases cited8 opinions
- Dermott v. JonesSupreme Court of the United States · 1865
- Klauber v. San Diego St.-Car Co.California Supreme Court · 1892
- Kansas Union Life Ins. v. BurmanCourt of Appeals for the Eighth Circuit · 1905
- South Memphis Land Co. v. McLean Hardwood Lumber Co.Court of Appeals for the Sixth Circuit · 1910
- Webb Granite & Construction Co. v. City of WorcesterMassachusetts Supreme Judicial Court · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Brown v. J. P. Morgan & Co.New York Supreme Court · 1941
- Safe Harbor Fishing Club v. Safe Harbor Realty Co.Court of Chancery of Delaware · 1953
- Safe Harbor Fishing Club v. Safe Harbor Realty Co.Court of Chancery of Delaware · 1953
- C.B. Q.R.R. Co. v. FowlerMissouri Court of Appeals · 1930
- A. G. Becker & Co. v. Gilmore (In Re Financial Corp.)United States Bankruptcy Court, W.D. Missouri · 1981
8 more not listed; retrieve them via the Exa API.