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Editing Clark v. West
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|court=New York Court of Appeals | |court=New York Court of Appeals | ||
|citation=193 N.Y. 349; 86 N.E. 1 | |citation=193 N.Y. 349; 86 N.E. 1 | ||
|date= | |date=1908 | ||
|subject=Contracts | |subject=Contracts | ||
|facts=Clark contracted with West. Clark would write a series of law books for West. | |||
|facts=Clark contracted with West | |||
The contract said that West would pay Clark $2 per page and if he abstains from intoxicating liquor during the time of the contract, West would pay an additional $4 per page to Clark. After the books were written, West didn't pay the additional $4 per page to Clark. West alleged that Clark didn't fulfill his part of the bargain because he drank liquor during the contract period. | The contract said that West would pay Clark $2 per page and if he abstains from intoxicating liquor during the time of the contract, West would pay an additional $4 per page to Clark. After the books were written, West didn't pay the additional $4 per page to Clark. West alleged that Clark didn't fulfill his part of the bargain because he drank liquor during the contract period. | ||
|issues=Was the stipulation to avoid alcohol consideration for the contract, or one of its conditions which can be expressly waived? | |issues=Was the stipulation to avoid alcohol consideration for the contract, or one of its conditions which can be expressly waived? | ||
Was the contractual stipulation that Clark abstain from liquor implicitly waived by West? | Was the contractual stipulation that Clark abstain from liquor implicitly waived by West? | ||
|holding=The stipulation was apparently waived by West. | |holding=The stipulation was apparently waived by West. | ||
|reasons=The consideration in the contract was the books, not the abstinence, by Clark. West waived the abstinence provision of the contract. | |reasons=The consideration in the contract was the books, not the abstinence, by Clark. West waived the abstinence provision of the contract. | ||
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|source_type=Video summary | |source_type=Video summary | ||
|case_text_source=Quimbee | |case_text_source=Quimbee | ||
}} | }} | ||
}} | }} |