Stees v. Leonard
Supreme Court of Minnesota
The defendants, wbo are architects and builders, having, at plaintiffs’ request, furnished them with plans and specifications for a building proposed to be erected by them on their own land, afterwards, and on the 18th August, 1868, the plaintiffs and defendants made and executed a contract under seal, in which they are all described as “ of the city of St. Paul,” &c.
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The defendants, wbo are architects and builders, having, at plaintiffs’ request, furnished them with plans and specifications for a building proposed to be erected by them on their own land, afterwards, and on the 18th August, 1868, the plaintiffs and defendants made and executed a contract under seal, in which they are all described as “ of the city of St. Paul,” &c. By the terms of the contract, the defendants “agree to and with the said John A. and Washington M. Stees, to well and truly build, erect and complete the three story business house, proposed to be erected by the said J. A. & W.…
1Opinion of the Court
By the Court.
Young, J.
The general principle of law which underlies this case, is well established. If a man bind, himself, by a positive, express contract, to do an act in itself possible, he must perform his engagement, unless prevented by the act of God, the law, or the other party to the contract. No hardship, no unforeseen hindrance, no difficulty short of absolute impossibility, will excuse him from doing what he has expressly agreed to do. This doctrine may sometimes seem to bear heavily upon contractors; but, in such cases, the hardship is attributable, not to the law, but to the…
2Cases cited9 opinions
- School District No. 1 v. DauchySupreme Court of Connecticut · 1857
- Very v. LevySupreme Court of the United States · 1852
- Delacroix v. BulkleyNew York Supreme Court · 1834
- Allen v. JaquishNew York Supreme Court · 1839
- Vicary v. MooreSupreme Court of Pennsylvania · 1834
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3Cited by18 opinions
- Rowe v. Inhabitants of PeabodyMassachusetts Supreme Judicial Court · 1911
- Berg v. EricksonCourt of Appeals for the Eighth Circuit · 1916
- Paine v. SherwoodSupreme Court of Minnesota · 1875
- Comstock v. Fraternal Accident Ass'nWisconsin Supreme Court · 1903
- Anderson v. MaySupreme Court of Minnesota · 1892
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