Kasemer v. National Fuel Gas Distribution Corp.

I disagree with the majority’s interpretation and application of Section 458 of the Restatement of Contracts, and with its conclusion that the contempt order should not have been received in evidence.1 In my opinion, instead of granting a new trial, we should affirm.

*342-1-

Section 458 of the Restatement of Contracts2 states: A contractual duty or a duty to make compensation is discharged, in the absence of circumstances showing either a contrary intention or contributing fault on the part of the person subject to the duty, where performance is subsequently prevented or prohibited(a) by the…