Dewey v. Union School District
Michigan Supreme Court
Error to Alpena. Assumpsit. Plaintiff brings error. Performance of an express contract is not excused by inevitable accident or other unforeseen contingency, Harmony v. Bingham, 2 Ker. 106; Adams v. Nichols 19 Pick. 275; 1 Chit. Cont. 67, n; 2 Pars. Cont. §§ 672-3; provision should have been made for it, Chit. Cont. 1074, n.
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Error to Alpena. Assumpsit. Plaintiff brings error. Performance of an express contract is not excused by inevitable accident or other unforeseen contingency, Harmony v. Bingham, 2 Ker. 106; Adams v. Nichols 19 Pick. 275; 1 Chit. Cont. 67, n; 2 Pars. Cont. §§ 672-3; provision should have been made for it, Chit. Cont. 1074, n. A contagious epidemic, like small-pox, is actus Dei that will excuse performance of a contract, Wolfe v. Howes 20 N. Y. 201; Lakeman v. Pollard' 43 Me. 463; Stewart v. Boring 5 Allen 306; Bish. Cont. 623; so is sickness or death, Harrington v. Fall River Iron Works Co.…
1Opinion of the CourtGraves, J.
The plaintiff was regularly hired by the district to serve as teacher in its public schools for ten months for $130'' per month. He entered on his duties on the 2d of September and continued up to the 10th of December, at which time the district officers closed the schools on account'of the prevalence of small-pox in the city, and kept them closed thereafter for the same reason until the 17th of March. They were then re-opened and the plaintiff resumed his duties. He was subsequently hired for the next school year, and his compensation was increased $100. The district refused to pay him for…
2Cited by20 opinions
- Houston Ice & Brewing Co. v. KeenanTexas Supreme Court · 1905
- Comstock v. Fraternal Accident Ass'nWisconsin Supreme Court · 1903
- Sheldon-Seatz, Inc. v. ColesMichigan Supreme Court · 1947
- McKay v. BarnettUtah Supreme Court · 1900
- Detroit Fidelity & Surety Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1932
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