 |
Wiki Law School will soon be moving! Please update your bookmarks. Our future address is www.wikilawschool.org |
Clark v. West: Difference between revisions
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
No edit summary |
No edit summary |
||
| Line 7: | Line 7: | ||
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? | |||
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. | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|link=https://www.quimbee.com/cases/clark-v-west | |link=https://www.quimbee.com/cases/clark-v-west | ||
| Line 13: | Line 20: | ||
}} | }} | ||
}} | }} | ||
Revision as of 15:10, 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.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?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.
