Clark v. West: Difference between revisions
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{{Infobox Case Brief | {{Infobox Case Brief | ||
|court=Court of Appeals | |court=New York Court of Appeals | ||
|citation=193 N.Y. 349 | |citation=193 N.Y. 349; 86 N.E. 1 | ||
|date=1908 | |date=1908 | ||
|subject=Contracts | |subject=Contracts | ||
|facts=Clark contracted with West. Clark would write a series of law books for 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. | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |||
|link=https://www.quimbee.com/cases/clark-v-west | |||
|source_type=Video summary | |||
|case_text_source=Quimbee | |||
}} | |||
}} | }} | ||
'''Issue''': | '''Issue''': | ||
# Was the stipulation to avoid alcohol consideration for the contract, or one of its conditions which can be expressly waived? | #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. | ||
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'''Reasons''': | '''Reasons''': | ||
* The consideration in the contract was the books, not the abstinence, by Clark. West waived the abstinence provision of the contract. | *The consideration in the contract was the books, not the abstinence, by Clark. West waived the abstinence provision of the contract. | ||
* The words and actions of the insurer reasonably justify the conclusion that it intended to abandon the particular defense afterwards relied upon, an the waiver can never be revoked. | *The words and actions of the insurer reasonably justify the conclusion that it intended to abandon the particular defense afterwards relied upon, an the waiver can never be revoked. | ||
Revision as of 15:08, September 2, 2023
| Clark v. West | |
| Court | New York Court of Appeals |
|---|---|
| Citation | 193 N.Y. 349; 86 N.E. 1 |
| Date decided | 1908 |
Facts
Clark contracted with West. Clark would write a series of law books for 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.Resources
Issue:
- 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?
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.
- The words and actions of the insurer reasonably justify the conclusion that it intended to abandon the particular defense afterwards relied upon, an the waiver can never be revoked.
