Gallagher v. St. Patrick's Church
Nebraska Supreme Court
Error from the district court of Holt county. Tried below before Bartow, J. See opinion for statement of the case. The church failed to keep its interest in the building insured as required by the contract, and the sureties are released. ( Watts v. Shultleworth, 5 Hurl. & N. [Eng.], 235, 7 Hurl. & N. [Eng.], 353.) Where a party has undertaken to do a thing, he is not excused from liability by the occurrence of events which render the performance of his promise impossible.
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Error from the district court of Holt county. Tried below before Bartow, J. See opinion for statement of the case. The church failed to keep its interest in the building insured as required by the contract, and the sureties are released. ( Watts v. Shultleworth, 5 Hurl. & N. [Eng.], 235, 7 Hurl. & N. [Eng.], 353.) Where a party has undertaken to do a thing, he is not excused from liability by the occurrence of events which render the performance of his promise impossible. (School District v. Dauchy, 25 Conn., 530; Beebe v. Johnson, 19 Wend. [N. Y.], 500.) cited in support of their argument on…
1Opinion of the Court
Ragan, C.
St. Patrick’s Church is a religious corporation organized under the laws of the state and situate at O’Neill, Ne*538braska. Meals & Me Vea, in August, 1890, were contractors and builders, and will hereinafter be referred to as the contractors. In the said month of August said contractors entered into a written agreement with said church, in and by the terms of which they agreed to furnish all the material and erect an academy or school building for said church at said city of O’Neill, according to certain plans and specifications. The contract price for this building was $16,160.94. The…
2Cases cited1 opinion
- School District No. 1 v. DauchySupreme Court of Connecticut · 1857
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