Taylor v. Gibbs

The contract provides for the payment of “sure-rent” by the defendant,- — -that is, certain and unconditional payment. It provides only one event that might relieve him: the reduction of the tobacco acreage. The defendant admits that this did not occur, but contends that putting acreage-poundage control into effect has the same result and that he should be absolved. However, in his Answer the defendant says that it was not anticipated by the parties and in his brief says “it was totally unanticipated by the parties at the time the contract was made.” In substance he asks that the plaintiff be…