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Clark v. West

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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: 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.