Zaleski v. Clark
Supreme Court of Connecticut
Assumpsit, to recover tlie price of a bust made for tlie defendant; brought to the Court of Common Pleas of New Haven County, and tried to the court on the general issue, before Robinson, J. The court made the following finding of facts: The plaintiff in March, 1875, was a sculptor by profession, and particularly devoted himself to modeling in plaster, from photographs, the busts of deceased persons.
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Assumpsit, to recover tlie price of a bust made for tlie defendant; brought to the Court of Common Pleas of New Haven County, and tried to the court on the general issue, before Robinson, J. The court made the following finding of facts: The plaintiff in March, 1875, was a sculptor by profession, and particularly devoted himself to modeling in plaster, from photographs, the busts of deceased persons. A certain Mrs. Johnson formed his acquaintance, saw his work and was much pleased with it, and endeavored to procure him some orders. Mrs. Johnson was herself an artist, and it had been agreed…
1Opinion of the CourtCarpenter, J.
Courts of law must allow parties to make their own contracts, and can enforce only such as they actually make. Whether the contract is wise or unwise, reasonable or unreasonable, is ordinarily an immaterial inquiry. The simple inquiry is, what is the contract? and has the plaintiff performed his part of it ? In this case the plaintiff undertook to make a bust which should be satisfactory to the defendant. The case shows that she was not satisfied with it. The plaintiff has not yet then fulfilled his contract. It is not enough to say that she ought to be satisfied with it, and that *224her…
2Cases cited1 opinion
- Brown v. FosterMassachusetts Supreme Judicial Court · 1873
3Cited by82 opinions
- Duplex Safety Boiler Co. v. . GardenNew York Court of Appeals · 1886
- Walter A. Wood Reaping & Mowing Machine Co. v. SmithMichigan Supreme Court · 1883
- Mackenzie v. MinisSupreme Court of Georgia · 1909
- Singerly v. ThayerSupreme Court of Pennsylvania · 1885
- Connecticut Union of Telephone Workers, Inc. v. Southern New England Telephone Co.Supreme Court of Connecticut · 1961
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