Hawkes v. Kehoe
Massachusetts Supreme Judicial Court
Contract, for the alleged breach of an agreement in writing printed below. Writ dated June 13, 1905. The defendant demurred to the declaration. The Superior Court overruled the demurrer as to the first and second counts, and the plaintiff discontinued as to the other .counts of his declaration. The breaches of contract alleged respectively in the first and second counts are stated in the next to the last paragraph of the opinion.
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Contract, for the alleged breach of an agreement in writing printed below. Writ dated June 13, 1905. The defendant demurred to the declaration. The Superior Court overruled the demurrer as to the first and second counts, and the plaintiff discontinued as to the other .counts of his declaration. The breaches of contract alleged respectively in the first and second counts are stated in the next to the last paragraph of the opinion. The contract declared upon was as follows: “ Agreement made this'12th day of May, A. D. 1905, between John P. Iiehoe and Annie Iiehoe of Revere, County of Suffolk…
1Opinion of the CourtSheldon, J.
One who has bound himself by a positive and absolute agreement for the performance of something not in itself unlawful is not released from his obligation by the mere fact that in consequence of unforeseen accidents the performance of his contract has become unexpectedly burdensome or even impossible; he must respond in damages for the breach of his agreement. Harvey v. Murray, 136 Mass. 377. Drake v. White, 117 Mass. 10. But it is equally well settled that where from the nature of the contract it appears that the parties must from the beginning have contemplated the continued existence of…
2Cases cited20 opinions
- Dexter v. . NortonNew York Court of Appeals · 1871
- Wells v. CalnanMassachusetts Supreme Judicial Court · 1871
- Butterfield v. ByronMassachusetts Supreme Judicial Court · 1891
- The TornadoSupreme Court of the United States · 1883
- Phinizy v. GuernseySupreme Court of Georgia · 1900
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3Cited by31 opinions
- Chase Precast v. JOHN J. PAONESSA CO., COMMONWEALTHMassachusetts Supreme Judicial Court · 1991
- Rowe v. Inhabitants of PeabodyMassachusetts Supreme Judicial Court · 1911
- Vickery v. RitchieMassachusetts Supreme Judicial Court · 1909
- Anderson v. YaworskiSupreme Court of Connecticut · 1935
- John Soley & Sons, Inc. v. JonesMassachusetts Supreme Judicial Court · 1911
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