Editing Contracts Farnsworth/Outline
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Negative Injunctions: A court order, requiring a party not to do something or stop doing something it was engaged in.'''Lumley v. Wagner'''A contract which arose out of a contract in which Johanna Wagner, an opera singer from the court of Prussia, agreed to sing exclusively for Benjamin Lumley, proprietor of Her Majesty’s Theatre in London for a period of three months. When Frederick Gye, the proprietor of the Royal Italian Opera in London, persuaded Wagner to break her contract and sing at his theatr, Lumley obtained an injunction restraining her from doing so. On appeal, the Lord chancellor upheld the injunction. | Negative Injunctions: A court order, requiring a party not to do something or stop doing something it was engaged in.'''Lumley v. Wagner'''A contract which arose out of a contract in which Johanna Wagner, an opera singer from the court of Prussia, agreed to sing exclusively for Benjamin Lumley, proprietor of Her Majesty’s Theatre in London for a period of three months. When Frederick Gye, the proprietor of the Royal Italian Opera in London, persuaded Wagner to break her contract and sing at his theatr, Lumley obtained an injunction restraining her from doing so. On appeal, the Lord chancellor upheld the injunction. | ||
*- A court of equity may impose a negative injunction on an individual, preventing her from doing something. | *- A court of equity may impose a negative injunction on an individual, preventing her from doing something. | ||
<nowiki>''''</nowiki>''''' | <nowiki>''''</nowiki>'''''Laclede Gas Co. v. Amoco Oil Co. '''Defendant to supply propane gas to plaintiff to supply to communities while waiting for natural gas lines to be installed. Defendant promised to provide all of plaintiff’s requirements. Agreement gave right to cancel but not defendant. There was a shortage of propane and the posted price increased by 3 cents. Plaintiff objected and defendant terminated agreement.'' | ||
*- Defendant alleged lack of mutuality -- plaintiff had power to terminate, but plaintiff had no comparable way to terminate. | *- Defendant alleged lack of mutuality -- plaintiff had power to terminate, but plaintiff had no comparable way to terminate. | ||
*- No requirement in the law that both parties be mutually entitled to specific performance. | *- No requirement in the law that both parties be mutually entitled to specific performance. | ||
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The landowners hired the contractor to build their house according to plans. The contractor sought to recover for labor and materials, but the landowners recovered for damages for the contractor's failure to perform the work to specifications. On appeal, the court reversed. The court ordered a new trial on the issue of damages for failure to construct house in workmanlike manner according to plans and specifications on the condition that the contractor consent to waive taxation of costs and disbursements on appeal. The evidence was not sufficient to sustain the trial court's findings on the value of the house if properly constructed. The landowners presented no evidence. The court ruled that the evidence sufficiently supported the trial court's finding that the yard was not graded to specifications. A great deal of water entered the basement. The court ruled that the evidence sustained the finding that the house was not built in a workmanlike manner. The floor was not level. The court ruled that in view of the extensive damage which would have occurred as a result of any effort to correct the defects, the difference-in-value theory was properly applied.= | The landowners hired the contractor to build their house according to plans. The contractor sought to recover for labor and materials, but the landowners recovered for damages for the contractor's failure to perform the work to specifications. On appeal, the court reversed. The court ordered a new trial on the issue of damages for failure to construct house in workmanlike manner according to plans and specifications on the condition that the contractor consent to waive taxation of costs and disbursements on appeal. The evidence was not sufficient to sustain the trial court's findings on the value of the house if properly constructed. The landowners presented no evidence. The court ruled that the evidence sufficiently supported the trial court's finding that the yard was not graded to specifications. A great deal of water entered the basement. The court ruled that the evidence sustained the finding that the house was not built in a workmanlike manner. The floor was not level. The court ruled that in view of the extensive damage which would have occurred as a result of any effort to correct the defects, the difference-in-value theory was properly applied.= | ||
''' | '''Peevyhouse v. Garland Coal and Mining Co.''' | ||
Plaintiff leased farm to defendant to strip mine coal. Defendant agreed to restore/remediate work at end but failed to do so. | Plaintiff leased farm to defendant to strip mine coal. Defendant agreed to restore/remediate work at end but failed to do so. | ||
*- Plaintiff claiming damages should be cost of completion. Defendant claiming diminution of value. | *- Plaintiff claiming damages should be cost of completion. Defendant claiming diminution of value. |