Whitman v. Anglum
Supreme Court of Connecticut
Action to recover damages for an alleged breach of the defendant’s obligation to supply the plaintiff with milk, brought to and tried by the Court of Common Pleas in Hartford County, Smith, Jfacts found and judgment rendered for the plaintiff for $119, and appeal by the defendant.
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Action to recover damages for an alleged breach of the defendant’s obligation to supply the plaintiff with milk, brought to and tried by the Court of Common Pleas in Hartford County, Smith, Jfacts found and judgment rendered for the plaintiff for $119, and appeal by the defendant. On the 5th day of March, 1914, the parties entered into a contract in writing, whereby the plaintiff agreed to purchase and the defendant agreed to sell at least one hundred and seventy-five quarts of milk each day from April 1st, 1914, to April 1st, 1915. The contract contained the following: “The said Whitman is…
1Opinion of the CourtShumway, J.
This was an absolute and unconditional undertaking by the defendant to sell and deliver milk daily, of the specified quality and amount. The defendant’s claim is that he was excused from the performance of the contract by reason of the quarantine, which made it illegal for him to leave his premises and carry away any products of his farm or any articles that might carry infection. The quarantine order did not make it illegal to deliver milk, nor make it illegal for the defendant to procure its delivery. This much is conceded.
But the defendant contends that the clause in the contract, to wit,…
2Cases cited2 opinions
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