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