Clark v. West

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Clark v. West
Court Court of Appeals of New York
Citation 193 N.Y. 349, 86 N.E. 1 (1908)
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.


Issue:

  1. Was the stipulation to avoid alcohol consideration for the contract, or one of its conditions which can be expressly waived?
  2. 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.