Amberg Granite Co. v. Marinette County

The plaintiff, December, 1940, assumed a burden by the terms of its' contract with defendant which eventually proved t'o be beyond its ability to carry. Under the facts established, a finding that plaintiff was, on March 24, 1941, so circumstanced that it could not deliver according to the terms of the contract, is amply sustained. Although there is a claim by plaintiff of being capable of living up to its agreement, the evidence shows an inability which amounts to an absolute and unconditional disclosure of intention to default unless it could induce concessions of considerable consequence…